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(영문) 부산지방법원 2018.05.09 2018고단295
공무집행방해
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

피고인은 2017. 12. 30. 01:25 경 부산 동래구 D 아파트 17 층에서, 입주민이 아닌데 퇴거에 불응하면서 행패를 부리는 사람이 있다는 위 아파트 보안요원의 112 신고를 받고 출동한 부산 동래 경찰서 E 지구대 소속 경위 F이 피고인에게 ‘ 그만 귀가 하라’ 고 종용하자 경위 F에게 “ 짭새 새끼들 왜 왔노. 저번에 잡아가더니 짜 바리 또 잡으러 왔네.

Chewing typhere is no longer gue.

The expression "", "The Inspector F et al. al faced with the head on the 1st floor Gap's 1st floor, who was f et al. of the defendant, and the head on the 1st floor of the defendant, and "the police interfered with the person's hair", and the chest part of the F et al. in which the police interfered with it was pushed one time in both hands.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of the G’s written Acts and subordinate statutes;

1. Article 136 of the Criminal Act applicable to the crime, Article 136 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

1. Although the crime of obstructing the execution of official duties for the reason of sentencing under Article 334(1) of the Criminal Procedure Act is an offence requiring strict punishment, a fine is selected by taking into account the following: (a) the defendant has no criminal record for the same kind of offense; (b) the degree of assault is not serious; and (c) the family must support his/her family; and (d) the defendant’s age, sexual conduct, environment, motive and circumstance of the offense; and (e) all other circumstances constituting the conditions for sentencing, such as the circumstances after the offense, are considered.

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