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(영문) 부산지방법원 2014.11.20 2014고단5656

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등

Text

Defendant

A shall be punished by a fine of one million won.

Defendant

Where A fails to pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Defendant

A on April 16, 2014, around 01:30 on the street of the Busan, Busan, the first floor E stores in the underground floor of D building and the first floor E stores in the front of the D building in Busan, and called up to 112 after receiving a report, insulting the victim G belonging to the F District of the Busan, Jin-gu Police Station, Busan, stating that “Ye-si, the stick among the public, listens to the citizens’ horses, listens to the citizens’ horses, and talks about about 10 minutes, and openly insulting the victim.”

Summary of Evidence

1. Defendant A’s legal statement

1. Application of each statute on witness G, H and I’s respective statutory statements;

1. Article 311 of the Criminal Act and Article 311 of the same Act concerning the relevant criminal facts and the choice of punishment;

1. The portion not guilty of Articles 70(1) and 69(2) of the Criminal Act for the detention in a workhouse;

1. Summary of the violation of the Punishment of Violences, etc. Act and the obstruction of performance of official duties among the facts charged in the instant case

A. Defendant A interfered with the legitimate execution of duties regarding criminal investigations by the above police officers, such as: (a) the above G’s act at the time and place as indicated in its holding was defective in arresting the Defendant as a flagrant offender; and (b) the slope H’s slope belonging to the above global belt was found to have been involved in arresting the Defendant; and (c) the police officer assigned to the above global belt was defective in order to arrest the Defendant; (d) the Defendant A interfered with the legitimate execution of duties regarding criminal investigations by the above police officers; and (e) the victim G, at the above time and at the above place, the victim G, who was affiliated with the above global belt, tried to arrest the Defendant as a flagrant offender at approximately 10 meters away from the defect in arresting the Defendant; and (e) the victim G, who was a dangerous object in the cargo partitions at a place less than 10 meters away.

나. 피고인 B 피고인은 위 일시, 장소에서 위와 같이 경찰관들이 위 A을 현행범인 체포하려고 하자 위 G에게 "야 이 새끼들아 우리가 뭘 잘못했는데, 씨바 개새끼들아,...