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(영문) 부산지방법원 동부지원 2013.04.18 2013고정349
공무집행방해등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

1. On November 22, 2012, at the entrance of Busan metropolitan Daegu apartment, the Defendant damaged the unclaimed property at the market price by walking the door door of the guard room (a.e., 67 cent, 75 cent in length) made of Aluminium shower at the exit of Aluminium B apartment in Busan metropolitan Daegu.

2. On November 22, 2012, the Defendant obstructed the police officer’s legitimate performance of official duties by assaulting the police officer on the ground that the slope D belonging to the Maritime Police Station C District unit of the Korea Shipping Police Station, who was dispatched after receiving a report at the place under the above paragraph (1), does not first ask the victim for the situation of damage.

Summary of Evidence

1. Defendant's legal statement;

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

1. Relevant Article 366 of the Criminal Act, Article 136 (1) of the Criminal Act, and the choice of fines for the crime;

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

1. Rejection of public prosecution under Articles 70 and 69 (2) of the Criminal Act;

1. On November 22, 2012, the Defendant: (a) committed assault on the part of the victim E (the 70-year-old) who works as security guards at the entrance of Busan Metropolitan Transportation Daegu apartment; (b) on the ground that the Defendant asked “F’s house to “Is several heads?” on the part of the victim “Isle,” on the part of “Isle, Isle, Isle, twice the head with the hand floor, and booms and slicks, etc., on the part of the victim E (the 70-year-old) who works as security guards at the entrance of Busan Metropolitan Transportation Daegu apartment.

2. The above facts charged are crimes of non-violation of intention (Article 260(1) and (3) of the Criminal Act), and since the victim expressed his/her intent not to be subject to criminal punishment against the defendant on February 7, 2013, which was after the prosecution was instituted, the prosecution against assault among the facts charged in the instant case is dismissed in accordance with Article 327(6) of the Criminal Procedure Act.

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