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(영문) 부산지방법원 2019.06.26 2019고단1649
공무집행방해
Text

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

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

Reasons

Punishment of the crime

On March 19, 2019, at around 00:05, the Defendant committed assault, such as: (a) around 00:05, at the address of the Busan Eastdong-gu B apartment, and (b) around 112, the circumstances leading to the Busan East Police Station D District, E, and the slope F, arrested the Defendant as a flagrant offender committing the crime of causing property damage, and then, arrested the Defendant as a flagrant offender committing the crime of causing property damage, and attempted to take the said apartment at the entrance of the first floor and patrol back to the entrance of the said apartment floor, (b) the F’s right hand hand, thereby smuggling the body of the Defendant.

Accordingly, the defendant interfered with legitimate execution of duties concerning the handling of 112 reported cases and arrest of flagrant offenders by police officials.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of police statement concerning G and F;

1. Investigation report (the sequence 5,7 of the list of evidence);

1. Application of each statute on photographs;

1. Relevant Article of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment;

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

1. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is not likely to obstruct the execution of official duties by the defendant by assaulting a police officer without justifiable grounds.

However, the Defendant, who has been punished several times due to a crime of different types of punishment, has no record of crime or criminal records of the same kind, and the Defendant appears to have committed contingent crimes under the influence of alcohol, and is likely not to commit the same crime as in this case again, and reflects his fault in depth. The degree of assault was relatively heavy and the victim police officer agreed with the victim police officer, etc., shall be punished by a fine only once, taking into account the overall circumstances, which are the conditions for the sentencing of this case, and the sentence is determined as per the disposition.

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