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(영문) 부산지방법원 2016.05.18 2016고단1332
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months and a fine of five hundred thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. On March 2, 2016, the Defendant violated the Punishment of Minor Offenses Act: (a) around 11:30 on March 2, 2016, to D, who is a public official, who was found to have worked in the Busan-gu Office C, Busan-do, and worked in that place.

If a basic recipient is not a basic recipient, he/she shall not be matched.

I would be able to die.

Down 30 minutes of phono, such as voice "hyer", was committed.

Accordingly, the defendant, while under the influence of alcohol, forced or scamed by very rough words and conducts at government offices.

2. Around 11:48 of the same day, the Defendant: (a) at around 11:48 of the same day, the police officer F, working at the Busan Coast Guard E box, who was called by the Defendant after receiving a report that the Defendant spawns as stated in paragraph (1), was driving away the Defendant, and confirmed his personal information, case circumstances, etc.; (b) the Defendant spawned the mobile phone in photographing the Defendant; and (c) by hand, the Defendant spawned the F’s buck with two times, and brought his hand on twice.

Accordingly, the defendant interfered with the legitimate execution of duties by the police officer on the dispatch of 112 report and criminal investigation.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F or D;

1. Investigative Report - Application of the CDA statute

1. Relevant provisions of the Punishment Act concerning the facts constituting the crime, Article 3 (3) 1 of the Punishment of Minor Offenses Act (the point of obstructing the performance of official duties, the point of obstructing the performance of official duties, the selection of fines) and Article 136 (1) of the Criminal Act (the selection of imprisonment, etc.);

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 on the suspended execution;

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 a crime of this case where the defendant, as seen above, assaulted a police officer who was in a rioted and dispatched at the competent center in the influence of liquor, thereby obstructing the execution of official duties, and the nature of the crime is not weak.

However, it is against the defendant, there is no criminal record of the same kind, there is a family member to support.

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