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(영문) 부산지방법원 동부지원 2021.03.11 2020고단2048
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight months and a fine not exceeding 100,000 won.

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

Reasons

Punishment of the crime

1. On July 12, 2020, the Defendant was in violation of the Punishment of Minor Offenses Act (definite urine urology) and the Defendant was in a manner that exposes other players and police officers with a view to exposure to the bomb and leakage of the bomb in front of the Mart in Busan Shipping Daegu, Busan, about 0:33.

2. The Defendant, upon receiving a report from 112 on the fact that the Defendant had been unable to operate his business without paying the drinking value before the performance of official duties, was deemed to have been obstructed by the Defendant, and the Defendant continued to refuse to present an identification card with the Defendant’s statement that he would be in violation of the Punishment of Minor Offenses Act on the ground that the Defendant, as seen in the foregoing paragraph 1, was committed on the part of the Shipping Police Station D District Guard E, etc.

Therefore, the above police officer arrested the defendant as the current criminal of violation of the Punishment of Minor Offenses Act because it is impossible to confirm the identity and residence of the defendant.

The Defendant, as above, arrested as a current offender and 112 patrols on the 112 patrol vehicle, committed assault by drinking the face of the above E at one time, with his hand, and assaulted the above E several times by turning the sexual organ of the above E with his hand, and by drinking it.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the arrest and custody of police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of the investigation report of the police statement report (the attachment of cell phone images), the investigation report (the telephone investigation of shots) to E, and the investigation report (C-employee telephone investigation report) to E;

1. Relevant provisions of the Act on the Punishment of Minor Offenses, Article 3(1)12 of the Punishment of Minor Offenses Act (the point of law and the choice of fines), and Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties, and the choice of imprisonment) concerning the crime;

1. The former part of Article 37 of the Criminal Act and Article 38 (1) 3 of the same Act concerning the aggravation of concurrent crimes;

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

1. Article 62 (1) of the Criminal Act, Article 60 (3) of the Juvenile Act, Article 60 of the suspended execution;

1. The community service order under Article 62-2 of the Criminal Act;

1. The order of provisional payment;

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