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(영문) 부산지방법원 동부지원 2016.06.08 2016고단500
공무집행방해
Text

A fine of two 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 March 24, 2016, at around 01:40, the Defendant: (a) took a bath against D’s private taxi in the vicinity of “Clsting site” located in Busan Shipping Daegu B; (b) was urged by F to pay a taxi fee to a taxi driver and return home from F’s situation surrounding the Busan Coast Guard, the Busan Coast Guard Police Station CJ in the Busan Coast Guard, where he was on duty in the vicinity; and (c) the Defendant died of f.m. to F until the bitch bitch bitch bitch f.

“At the same time, the chest part of F for drinking was 1 time at the same time while taking a bath, and the chest part of F for drinking was 1 time at the same sloping G belonging to the same sloping unit, which continued to be said in the next place.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to patrol.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or F;

1. Application of Acts and subordinate statutes to investigation reports and photographs;

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment (Selection of penalty)

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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 with regard to the order of provisional payment is an abuse of violence against police officers, and the crime is disadvantageous to the nature of the crime.

However, there are more favorable circumstances, such as the fact that the defendant recognized the facts charged and seriously reflects the facts charged, the fact that the defendant seems to have committed any contingent crime in the whole manner, and the fact that the defendant does not have any other criminal records except for the case of a different type of fine in the year 2003.

In addition, the defendant's age, sex, environment, means and result of the crime, and the circumstances after the crime, etc. shall be determined as ordered by taking into account the various sentencing conditions in the trial process of this case.

[Sentencing Criteria] - Multiple Crimes - Interference with the Execution of Official Duties: Group of Crimes Interfering with the Execution of Official Duties, Interference with the Execution of Official Duties, Type 1 (Obstruction of the Execution of Official Duties), etc.: Provided, That the sentencing criteria are not applicable since they choose fines

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