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(영문) 부산지방법원 동부지원 2019.09.25 2019고단1181
공무집행방해
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On June 10, 2019, at around 00:53, the Defendant, at the residence of the Defendant in the Southern-gu, Busan and the second floor, notified 112 of the case as domestic violence and threatened D with the Defendant, who was called up, by separating the victim and the Defendant, who was in the process of the report. The Defendant, at the Busan Southern Police Station C District of the Busan Southern Police Station, threatened D with the Defendant, on several occasions, that “I wish not to keep the victim a sprink, sprink, sprinked, sprinked, sprinked, and sprinked.”

Accordingly, the defendant interfered with the legitimate performance of duties by police officers related to 112 reported duties.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes of one copy of a 112 reported case handling sheet, recording record of contents of recording;

1. Relevant Article 136 (1) of the Criminal Act concerning criminal facts, the choice of fines, and the choice of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) of the provisional payment order has a record of being punished for the same crime.

However, considering all of the sentencing conditions, such as the following: (a) the degree of intimidation is relatively minor; (b) even if the situation at the time of intimidation, D cannot be deemed to have caused fears; (c) the Defendant appears to have committed contingent crimes; (d) the Defendant appears to have committed a crime; (d) the Defendant’s attitude to reflect his mistake after the crime was committed; and (e) the Defendant appears to take into account some of the Defendant’s family environment

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