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(영문) 부산지방법원 동부지원 2019.09.19 2019고단1335
공무집행방해
Text

Defendant shall be punished by a fine of 6 million won.

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

Reasons

Punishment of the crime

On July 6, 2019, at around 00:15, the Defendant: (a) arrested F, etc., a police officer belonging to the Busan Coast Guard E Zone B, who was under the influence of alcohol, as a flagrant offender in the crime of assault, who was arrested to the lower seat of the police vehicle, and was moving to the said district, on the ground that F, who was seated in the lower seat of the police vehicle, did not unfilled the Defendant and put the Defendant’s body on the Defendant’s body. (b) On the ground that F, who was moving to the lower seat of the police station in Busan Coast Guard E Zone B, was assaulted by F, who was sent to the lower seat of the police vehicle, and was arrested on the part of F, etc., who was sent to the scene on the back of the police vehicle.

Accordingly, the defendant interfered with the handling of the police officer F's 112 Reporting Cases and legitimate execution of duties concerning the custody of arrested flagrant offenders.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. Each statement;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment;

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

1. The sentencing requirement of Article 334(1) of the Criminal Procedure Act is not good, and the defendant is against the disadvantage of the defendant, such as the fact that the defendant was committed three times before violence, etc., and all kinds of sentencing conditions including the defendant's age, environment, means and results of the crime (the degree of intimidation and violence) and circumstances after the crime are considered.

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