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(영문) 부산지방법원 동부지원 2017.11.08 2017고단1961
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months and a fine of three hundred thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. On June 27, 2017, the Defendant violated the Punishment of Minor Offenses Act: (a) around 02:02, around the restaurant of “C” located in Suwon-gu, Busan; (b) even though the murder did not occur, the Defendant called “C” in 112, and filed a false report.

Accordingly, the defendant reported a false crime to a public official.

2. At around 02:02 on June 27, 2017, the Defendant: (a) committed assault and assault against the victim D (at least 31 years of age) in front of the said “C” restaurant; and (b) assaulted the victim by making the victim’s breast part of the victim’s chest.

3. On June 27, 2017, around 02:03, the Defendant: (a) received the above 112 report from the above cafeteria; (b) the Busan Southern Police Station E-gu in Busan; (c) however, the Defendant sought the statement from the above D and witness to the effect that “the Defendant was only the Defendant’s chest” and arrested the Defendant as a flagrant offender suspected of committing an indecent act.

The defendant was 02:15 on the same day to the E-office of the police station by F, etc., and left the police vehicle at the police station, and when he was f's chest part at one time a week.

Accordingly, the defendant interfered with legitimate execution of duties concerning the arrest of a flagrant offender by a police officer.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F, D, G, H, and I;

1. The application of Acts and subordinate statutes to each investigation report, investigation report (in the major area of the forced indecent act), CCTV on the spot, investigation report (E parking lot CCTV), investigation report (the currency records reported by a suspect, 112 and 119), investigation report (the detailed statement of the processing of the case), investigation report (the analysis of CCTV on the site of the case), and investigation report (the analysis of CCTV on the site of the case);

1. Relevant Article 136 of the Criminal Act and Article 136 of the Criminal Act (the point of obstructing the performance of official duties, the choice of imprisonment), Article 260 (1) of the Criminal Act (the point of assault, the choice of imprisonment), Article 3 (3) 2 of the Punishment of Minor Offenses Act (the point of false report, the selection of fines) concerning the crime;

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

1. Articles 70 and 69 of the Criminal Act to attract a workhouse.

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