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(영문) 부산지방법원 동부지원 2013.04.08 2013고정21

공무집행방해

Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On August 9, 2012, around 00:10, the Defendant assaulted the right side of the said D with the left hand at one time, on the ground that: (a) the Defendant was under the influence of the traffic safety map work of the traffic safety department of the Maritime Police Station, who was called upon receiving a report, prevented the Defendant from leaving a female under the influence of alcohol; and (b) the Defendant took a bath.

Accordingly, the defendant interfered with the legitimate execution of official duties concerning the prevention and restraint of police officers' crimes.

Summary of Evidence

1. Application of the Acts and subordinate statutes on witness D and E's respective legal statements;

1. Article 136 (1) of the Criminal Act and the choice of a fine concerning the crime;

1. The defendant and his defense counsel's assertion on the defendant and his defense counsel under Articles 70 and 69 (2) of the Criminal Act for the detention in the workhouse do not leave the defendant's click with the police officer D's click, but the police officer D and E requested the police officer to leave the arms because they failed to cause the suffering by cutting off the defendant's right arms, even though the police officer D and E failed to comply with the above request, so that the police officer's arms can be cut off to the police officer's click with the police officer D's arms in order to cut off the defendant's arms. The above defendant's act occurred in the course of the defendant's act against the above police officer's illegal performance of official duties. Thus, the defendant's act constitutes legitimate self-defense or legitimate act, and thus, it does not constitute a crime.

According to each of the above statements, witness D, E’s each legal statement, investigation report (a certificate, etc. of disabled person), and investigation report (a medical report) are as follows: the date and time stated in the above facts of crime; the fact that a female who the defendant knows in a place is at the time and time when the defendant takes a taxi first after getting on a taxi; the defendant puts the defendant's arms in order to prevent the defendant from acting under the influence of alcohol, and then put the defendant's arms into the right arms of the defendant who is weak due to a disorder in the process.