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(영문) 부산지방법원 2017.07.14 2016고단8343

공무집행방해

Text

1. Defendant A shall be punished by a fine of KRW 3,00,000.

The above fine shall not be paid by the defendant.

Reasons

Punishment of the crime

1. On September 19, 2016, the Defendant interfered with Defendant A’s performance of official duties, at around 22:40, when receiving a report from “E” singing room located in Busan, and was arrested as a flagrant offender from G (hereinafter “G border”) belonging to the head of the F District of the Busan Police Station in Busan, the Police Station in Busan, the Defendant called at one time at the left side of the G border due to the right bluter, while arresting a flagrant offender.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the handling of reporting duties.

2. 피고인 B의 모욕 피고인은 제 1 항 일시, 장소에서 H이 함께 있는 가운데 피해자 G에게 “ 씨 발 놈아! 개새끼야! 내 좀 가만 놔둬 라. 너 거 씨 발 놈들 내손에 죽는다.

In a large sense, “the victim was openly insultingd.”

Summary of Evidence

1. Defendants’ legal statement

1. Each statement made on the H and G circumstances;

1. Application of the investigative report (one and six times a year), each photograph/cinematographic output, and the Acts and subordinate statutes in the complaint;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Article 136(1) (Penalty) of the Criminal Act;

B. Defendant B: Article 311 of the Criminal Act (Penalty)

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

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. In the case of Defendant A, it shall be taken into account the matters prescribed in Article 51 of the Criminal Act, such as the fact that the Defendant had no criminal record for the same kind of crime, the fact that the Defendant had no criminal record except for the criminal record of gambling fine for almost twenty years, and the degree of violence is not hot.