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(영문) 부산지방법원 동부지원 2015.07.16 2015고단794
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

At around 05:00 on January 11, 2015, the Defendant: (a) placed an emergency bell installed at the right side of the entrance of the Public Security Center in the Busan Southern Police Station B District, which was called upon by the Defendant on several occasions, at the front of the Busan Suwon Police Station B District, upon receipt of the Defendant’s report; and (b) placed the said police officer at his/her seat, “I am off the face of the said police officer, I am off, I am son, I am am son, I am son, I am son, I am son, I am son, I am son, I am son, I am am son, I am son, I am am son, I am son, I am son, I am am son, I am am son, I am son, I am am son, I am am son.”

Accordingly, the defendant interfered with the legitimate performance of duties by police officers on the prevention, suppression, and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

1. Relevant Article 136 (1) of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Selection of Punishment;

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

1. On the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, the sentence shall be determined as ordered by taking into account the following circumstances as well as various sentencing conditions specified in Article 51 of the Criminal Act, such as the Defendant’s age, character and conduct, environment, circumstances leading to the Defendant to commit the instant crime, means and result, and the circumstances before and after the instant crime.

In order to establish a state's legal order and eradicate the light of public authority, it is necessary to strictly punish the crime of obstruction of performance of official duties.

The defendant is actively a police officer.

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