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(영문) 부산지방법원 2017.06.16 2017고단2243
공무집행방해등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On March 24, 2017, around 21:47, the Defendant: (a) took part in the trial expenses due to taxi engineer C and taxi fares on the front of the Busan Dongdong-gu, Busan; (b) took part in the Busan Dong Police Station D police box, and was urged to return home from E, etc. after receiving a 112 report; and (c) took part in the direction of the situation where the police box belongs to the Busan Dong Police Station, and assaulted E of the above security guards E on one occasion.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

2. 모욕 피고인은 위와 같은 일시 및 장소에서 택시기사 C 및 불특정 다수의 주민들이 지켜보는 가운데 위와 같은 이유로 신고 받고 출동한 부산 동래 경찰서 D 파출소 소속 경찰 관인 피해자 F에게 “야 이 개새끼야, 개 자슥아, 좆도 안 되는 새끼들이 까불고 있어, 이 씨 발 놈들 아 ”라고 큰 소리로 욕설을 하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of each police statement protocol to E and F;

1. Relevant Article 136 of the Criminal Act, Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), Article 311 of the Criminal Act, and the selection of fines for a crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Although the criminal liability for a police officer with legitimate execution of duties for the reason of sentencing under Article 334(1) of the Criminal Procedure Act is not easy, the punishment as ordered is determined by comprehensively taking account of the following: (a) the fact that a police officer was found to be erroneous and reflects his or her wrong recognition; (b) the fact that the person committed the instant crime with an drunk and contingent crime; (c) there is no record of criminal punishment exceeding the fine after July 199; (d) the Defendant’s age, sex behavior, environment, background leading to the commission of the crime; and (e) the circumstances after the commission of the crime.

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