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(영문) 부산지방법원 2016.01.14 2015고단6806

공무집행방해등

Text

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

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

Reasons

Punishment of the crime

1. On September 30, 2015, at around 09:40, the Defendant: (a) was under the influence of alcohol in the “E” managed by the victim D, the victim D in Busan-gu, and had the customer use the toilets; (b) had the customer take a bath by “to throw away snow”; and (c) had the customer take a bath by “to throw away snow”; and (d) had the customer walk with the toilet, and had the employee take a bath repeatedly, and interfered with the maintenance of the victim’s vehicle by force.

2. 공무집행 방해 피고인은 제 1 항의 일시 및 장소에서, 112 신고를 받고 출동한 부산 연제 경찰서 F 지구대 소속 경위 G 이 사건 경위를 청취하려고 하자 “ 짜 바리, 씹새끼야 ”라고 욕설을 하면서 두 손으로 위 G의 가슴을 밀치고 혓바닥으로 얼굴을 핥으려고 하고, 그가 “ 이러지 마세요 ”라고 하면서 피고인을 제지하자 그의 얼굴에 갑자기 침을 뱉고 얼굴을 향해 오른손을 때릴 듯이 수회 휘둘러 폭행하였다.

Accordingly, the Defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Article 136(1) and Article 314(1) of the Criminal Act of the relevant Act on criminal facts (the decision of a fine shall be made by taking into account the following facts: (a) the fact that there is no past record; (b) the victim of the obstruction of business; (c) the public official who agreed with the victim of the obstruction of business; and (d) the fact that the public official who was the object of the obstruction of performance of official duties

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

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

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