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(영문) 창원지방법원 통영지원 2013.12.05 2013고정439

공무집행방해등

Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. At around 04:50 on June 16, 2013, the Defendant, who entered a residence, opened a entrance door against the victim’s will and entered the living room and intrudes on the victim’s residence, even though the victim D’s house located in Sari-si, C, followed the issue of forest and field ownership transfer registration and demanded drinking to the victim while complying with the issue of forest and field ownership transfer registration, and returned to the victim.

2. The Defendant used the victim’s body 2, 3 parts of the victim’s body and bridge, 2, and 3 parts of the victim’s face, which were the dangerous object carried by the victim D, on the ground that the victim’s body cannot enter and leave the house, and the victim D used the victim’s body. The Defendant used the victim’s body 2, and 3 parts of the victim’s face.

3. At around 05:20 on June 16, 2013, the Defendant interfered with the performance of official duties: (a) at the same place as Paragraph (1) of this Article; (b) the police officer F of the E police box, who was called out after receiving a report, attempted to cause the Defendant to restrain the Defendant; (c) the face of the said F on a drinking-up one-time basis; (d) fbucks of the said F on one-time basis; and (e) fbucks of the said F on one-time face; and (e) obstructed the police officer F’s legitimate performance of official duties in relation to crime prevention and arresting criminals.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to D or F;

1. Application of statutes on the photograph of the case

1. Relevant Articles 319(1) and 261 of the Criminal Act, Articles 260(1) and 260(1) of the Criminal Act, Article 136(1) of the Criminal Act, the choice of fines for the crime concerned, the choice of fines for negligence

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;