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(영문) 부산지방법원 2016.08.12 2016고단2971
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 May 8, 2016, the Defendant found the taxi driver and the fare rate to be the city, and requested the resolution of the above problem to the D District of the Busan Geum-gu Police Station D District located in Geum-gu, Busan. The Defendant paid the taxi fee to the police officer's arbitration and returned home.

After about 10 minutes, the Defendant, who was found in the said district group, filed a civil petition on the matter of charges that was terminated earlier, and the police officer responded to the police officer’s inquiry for viewing, and the Defendant, for whom the name of the width was changed, responded to the police officer’s inquiry.

What is the police officer's demand for tax payment.

"Along with a large sound, a 20 minutes of the disturbance was assaulted at the right shoulder of E in the circumstances to which the Fransh Police Station belongs in Busan, on one occasion.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers regarding the receipt of civil petitions.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to E and F;

1. Article 136 of the Criminal Act applicable to the crime, Article 136 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of Provisional Payment Order requires a police officer in lawful performance of official duties, and the nature of the crime is inferior by using violence, and there is a record of criminal punishment several times for violent crimes, but the degree of violence is not severe, and the punishment as ordered is determined by comprehensively taking into account the following factors: (a) the degree of violence is not severe; (b) the Defendant’s age, sex behavior, environment, circumstances leading to the crime; and (c) circumstances after the crime.

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