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(영문) 부산지방법원 2017.11.16 2017고단3343
공무집행방해
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant, while under the influence of alcohol, was lacking the ability to discern things or make decisions. On June 11, 2017, around 00:10, the Defendant was on the E-si operated by D in front of Busan Jung-gu, Busan, but he was on board the said si, which led to the G District of the Busan Jung-gu Police Station in Busan, which was on board the said si and did not speak the destination.

Defendant at around 00:20 on the same day, from the police officer affiliated with the said G G G G G G G G G G G G, who received the said D’s report, “Isson’s Day”

“In order to ask questions, I am to the police officer of the instant H, am flicker’s work flicker, am on one occasion the chest of the instant H by drinking left hand, and continuously changed the water into the said earth, and assaulted the water in the instant H’s face.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the maintenance of public peace and order.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or H;

1. A report on investigation;

1. Application of Acts and subordinate statutes No. 1 (I's application for carbon);

1. Article 136 of the Criminal Act applicable to the crime, Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), and the selection of fines for the crime;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act to mitigate mental and physical weakness;

1. The reason for sentencing of Articles 70(1) and 69(2) of the Criminal Act, which are considerably poor, and the crime of this case is committed on the ground that the crime of this case continues to take place within a district after the arrest of a flagrant offender of this case, and the circumstances after the crime are committed are not good.

However, it seems that the defendant had been under the influence of alcohol and had engaged in such behavior in the state of mental and physical weakness.

The defendant was killed by the victim police officer, and H was called the defendant's wife.

The defendant's history of the suspension of indictment is one time, but criminal punishment is imposed.

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