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(영문) 부산지방법원 2017.10.23 2017고단3493

폭행등

Text

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

Where the above fine is not paid, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. On June 26, 2017, the Defendant: (a) around 05:10, the Defendant was at the time before the National Pension Management Corporation located in the Seosan-dong, Busan Metropolitan City, Busan Metropolitan City, which was working in the department store “NC,” and had the victim go to the said taxi without presenting the victim’s destination; and (b) the Defendant was at the time before the National Pension Management Corporation located in the Seosan-dong, Busan Metropolitan City, the Defendant was requested to leave the taxi from the victim.

Accordingly, the Defendant, by hand, dumpeded the victim's flaps, and threatened the victim with drinking as he saw the victim.

2. At around 05:30 on the same day, the Defendant was assaulted by the above B before the above National Pension Management Corporation, and thus, the police officers, such as the Busan B B District District, called out upon 112 report, attempted to arrest the Defendant as the current offender.

Accordingly, while doing severe bath to the above D, the Defendant left the left side of the 112 patrol vehicle and left the glass door with his hand, and caused the chest of the above D to stop this.

Accordingly, the Defendant interfered with the execution of the above D's duties on the dispatch of 112 reported report without any justifiable reason.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to B and D;

1. Article 260 (1) of the Criminal Act (the point of violence) and Article 136 (1) of the Criminal Act concerning the facts constituting an offense (the point of obstructing the performance of official duties) of the relevant Act;

2. Selection of each alternative fine for punishment (such as the absence of any criminal history and the degree of violence).

3. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act for the increase of concurrent crimes;

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

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