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(영문) 부산지방법원 동부지원 2014.10.23 2014고단892

공무집행방해

Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On April 30, 2014, the Defendant: (a) 04:15, on the front of C in Busan Shipping Daegu, the Defendant: (b) went to the destination of G taxi driven by F in front of the E hotel located in Suwon-gu, Busan under the influence of drinking alcohol; (c) and (d) on the part of the police officer I and J of the Busan Shipping Police Station H Zone H District reported 112 and confirmed the circumstances of the instant case, the Defendant, while called the “Fuckyu” in English, she spited I’s face on one occasion in English, and she spited J in one face.

As such, the Defendant interfered with the legitimate execution of duties by police officers on the maintenance of public peace and order.

2. On April 30, 2014, around 04:25, the Defendant: (a) arrested a flagrant offender on the grounds as described in paragraph (1) at the H District located in Busan Shipping Daegu, but intended to leave the area arbitrarily on the ground of the same reason; (b) embling the police officer’s control of the police officer on a defective drinking-free ground; and (c) assaulted one time on the right side of the J on a part of the right side of the J.

As such, the Defendant interfered with the legitimate performance of duties by police officers related to the prevention, suppression, and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to I, J and F

1. Article 136 (1) of the Criminal Act (the point of obstruction of performance of official duties and the choice of fines) concerning the relevant criminal facts and the choice of punishment;

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;