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(영문) 부산지방법원 동부지원 2013.07.11 2013고정766
공무집행방해등
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. From March 29, 2013, around 22:30 on March 29, 2013, the Defendant and B violated the Punishment of Violences, etc. Act (joint destruction and damage) accompanied the fire distribution board, the restaurant table, and the restaurant table, etc. installed in the carter owned by the victim, where the Defendants additionally requested the costs of care that the Defendants ordered.

Accordingly, the defendant and B jointly damaged the object owned by the victim.

2. At around 22:45 on March 29, 2013, the Defendant interfered with the performance of official duties by the Defendant: (a) the victim G slope, a police officer belonging to the Busan Southern Police Station F District, the Busan Southern Police Station, called the Defendant to make the Defendants correct the disturbance; (b) the Defendant assaulted the victim’s neck over the ground, such as cutting the victim’s neck, i.e., cutting the 112 report at a restaurant; and (c) the Defendant interfered with the legitimate performance of official duties concerning the handling of the 112 report.

Summary of Evidence

1. Defendant's legal statement;

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

1. Article 2 (2), (1) and (1) of the Punishment of Violences, etc. Act concerning the crime concerned, Article 366 of the Criminal Act, Article 136 (1) of the Criminal Act, and the selection of fines for negligence;

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

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

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