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(영문) 부산지방법원 동부지원 2018.01.17 2017고단2271
공무집행방해
Text

A fine of three million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

On August 1, 2017, at around 04:20, the defendant was arrested as the current criminal under the suspicion of assault, due to the dispute over the problem of taxi driver and fee in front of Busan Southern-gu B.

The Defendant, while under the influence of alcohol from 08:00 to 15:00 on the same day, was in the parking lot adjacent to the Busan Southern Police Station E District located in Busan Southern-gu, Busan, and the police officers belonging to the said E District were able to return home.

On August 1, 2017, the Defendant: (a) around 15:20 on August 1, 2017; (b) as seen above, it was difficult for police officers, on the ground that the police officers were able to sleep back home; (c) on the ground that they were frighted, they were unable to cause any disturbance, such as demanding a cigarette smoking to the police officers working on the said E zone; (d) subsequently, the Defendant breaddd the police officers belonging to the Busan Southern Police Station E District in which the aforementioned disturbance was avoided, and breaddd the Defendant’s head by pushing the F’s right-hand buck.

As a result, the defendant interfered with legitimate execution of duties of police officers.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes to a criminal investigation report, investigation report (Attachment of a copy of a letter of arrest of a flagrant offender), a copy of a letter of arrest of a flagrant offender, investigation report (Attachment of a personal-phone image), investigation report (Attachment of a CCTV screen and attachment to a CCTV screen that takes the inside of the E earth), CD and CCTV shooting range in a mobile phone film and E earth, CD and investigation report (to report the results of review ofCCTV video images);

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 136 of the choice of punishment;

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

1. The crime of this case on the ground of sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment is an unfavorable circumstance, where the crime of this case is committed by the police officer, who is dissatisfied with the arrest of the suspect in the act of crime, and the police officer is able to exercise violence, and the nature of the crime is not good, and the defendant has a same criminal record.

However, the defendant's charges are charged.

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