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(영문) 부산지방법원 2018.01.11 2017고단5339
공무집행방해
Text

Defendant shall be punished by a fine not exceeding six million won.

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

Reasons

Punishment of the crime

On October 7, 2017, the Defendant: (a) received a report from a company bank located in the city of 1116 as of October 7, 2017 in Busan, and (b) received a report from a police officer affiliated with C District Team in the Busan, Busan, to the effect that “I will continue to have a woman’s portion, and ask the police to ask for a change;” and (c) received the report from the Defendant, and D, a police officer affiliated with C District Team in the Busan, Busan,

E In order to have the above police officers returned home, the above police officers expressed their desire such as “Chewing ice”, etc., and when they look at the inner part with a bad hand, etc., they interfere with the police officers’ legitimate performance of duties concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of Acts and subordinate statutes on police statements;

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

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act is that the defendant had the same criminal history during the period of suspension of execution (the sentence was finalized on January 12, 2017 after being sentenced to two years of suspension of execution on August 2, 2017 due to the crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes at the Busan District Court). However, the defendant committed the crime in this case without being aware of the fact that the crime in this case was committed, although the degree of interference with the performance of official duties is not easy, it appears that the degree of interference with the crime in this case appears not to be easy, but it appears to reflect the fact by contingency, method and method, the circumstances after the crime in this case, the defendant's age, sexual behavior, environment, etc., and other circumstances that form the condition for sentencing under Article 51 of the Criminal Act as shown in the records and arguments in this case, and the sentence shall be determined as stated in the order.

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