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(영문) 부산지방법원 동부지원 2018.05.09 2018고단498

공무집행방해등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. On February 20, 2018, the Defendant: (a) around 21:55, the Defendant: (b) was boarding the taxi in front of the coast station located in the Busan High Sea-gu Busan High Military Department; (c) was under the influence of alcohol, and (d) was under the influence of alcohol on the head of the cab; (d) was under the influence of alcohol, and (e) was under the influence of alcohol, and (e) was under the influence of alcohol, and (e) was under the influence of alcohol, the Defendant destroyed the fixed device of the said interior, etc., such as the vehicle, to inform the passengers of whether he was on board the taxi.

As such, the Defendant damaged the property owned by the victim so that the amount of the non-repairable value would be increased.

2. On February 20, 2018, the Defendant: (a) was arrested as a flagrant offender under suspicion of property damage, such as Paragraph (1) of the preceding paragraph, before the D District District located in Suwon-gu, Busan; and (b) went forward to the front of the patrol lane in order to take place.

피고 인은 위 지구대 소속 순경 E이 순찰차에서의 하차를 요구하자 E에게 욕설을 하면서 손으로 E의 머리채를 잡아 흔들고, 발로 E의 배 부위를 1회 찼다.

As such, the Defendant assaulted the police officer E, thereby hindering the legitimate execution of duties concerning the arrest of E flagrant offender and the global service.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for B and E;

1. Application of the Acts and subordinate statutes on video CDs upon committing a crime;

1. Article 136 (1) and Article 366 of the Criminal Act (the point of obstructing the performance of official duties) and Article 136 of the same Act concerning facts constituting an offense, and the selection of a fine, respectively;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, was drunk and drunk to a taxi engineer performing normal duties, and damaged property, and had the police head, who lawfully arrests a flagrant offender, considered him/her seriously.

In particular, the police who suffered the damage is a woman when examining the video of the interference with the performance of official duties.