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(영문) 부산지방법원 2013.12.11 2013고정5138

공무집행방해

Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

1. On July 14, 2013, at around 00:10, the Defendant: (a) reported 112 on the street in front of the croom Packing Ma-gu, Busan; and (b) explained that E belonging to the D Zone D District of the Science and Technology Police Station, dispatched to the Defendant, was a police officer on the ground that he was asked “Ipson’s Day”; and (c) took a bath to the above E on the ground that he was “Ipson’s Day”, the Defendant spacing alcohol and walking the down part of the above E three times, and obstructed the police officer’s legitimate performance of duties on handling the 112 Report Report.

2. At around 00:30 on July 14, 2013, the Defendant continued to move voluntarily at a zone D district unit of the Busan Casck Police Station for the same reasons as the preceding paragraph, and voluntarily resisted to police officers, and obstructed the police officers’ legitimate performance of their duties in relation to the management of global guard affairs by carrying the F police officers’ right bucks, a police officer belonging to the said zone, to resist the buckbucks, thereby obstructing the police officers’ legitimate performance of duties.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement related to F, E, and G;

1. Application of Acts and subordinate statutes to investigation reports (field investigation, photograph, etc.);

1. Article 136 (1) of the Criminal Act and Article 136 of the same Act concerning the applicable criminal facts, the choice of fines;

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;