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(영문) 부산지방법원 2016.11.14 2016고단5704

공무집행방해등

Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. 공무집행방해 및 상해 피고인은 2016. 9. 1. 01:15경 부산 사상구 C에 있는 D 앞 도로에서, 술에 취해 행인들을 향해 소리를 지르는 등 행패를 부리던 중 손님이 술에 취해 소란을 피운다는 내용의 112 신고를 받고 출동한 피해자인 사상경찰서 E지구대 소속 경위 F(50세)으로부터 이를 제지당하자, ‘개새끼 죽인다’ 등의 욕설을 하면서 손으로 위 피해자의 오른쪽 팔을 잡아 비틀고, 오른쪽 손목을 할퀴고, 발로 다리를 수회 찼다.

As a result, the Defendant interfered with the legitimate performance of official duties by police officers related to the prevention of crime, and at the same time, the Defendant inflicted injury on the above victim, such as the so-called dump dump for about two weeks of medical treatment

2. The Defendant damaged public goods at the time and place indicated in the above Paragraph 1. at the time and place, as seen above, destroyed the utility of the above patrol car to the extent of KRW 437,006, in total, by putting the Defendant at the lower right seat of the patrol car, to remove the back seat of the patrol car, and to remove the said patrol car at the lower right seat of the said patrol car.

Accordingly, the Defendant damaged the goods used by public offices.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of each police statement concerning G and F;

1. Application of Acts and subordinate statutes to written opinions and written estimates;

1. Article 136 of the relevant Act, Article 136 of the Criminal Act, Article 257 (1) of the Criminal Act, and Article 141 (1) of the Criminal Act concerning the crime (the point of causing damage to public goods and the selection of fines);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the choice of a fine among the crimes of obstruction of performance of official duties and the crimes of injury in the market, and the crimes of obstruction of performance of official duties prescribed by the judgment

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

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