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(영문) 부산지방법원 2014.09.04 2014고정2824
공무집행방해등
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On December 24, 2013, the Defendant was sentenced to imprisonment with prison labor for six months at the Busan District Court and two years of suspension of execution for fraud, which became final and conclusive on January 1, 2014.

The Defendant was sentenced to eight months of imprisonment with prison labor for habitual fraud on July 3, 2014 at the Busan District Court and the judgment became final and conclusive on July 11, 2014. However, since the crime of the above judgment was committed on or after January 1, 2014, which is the final and conclusive date of the judgment on the criminal facts established earlier, the crime of the above judgment is deemed to have been committed on or after January 1, 2014, the crime of this case committed earlier and the crime of this case

1. On October 16, 2013, the Defendant: (a) around 16:00, the victim D, a business owner within the “C Exclusive Port” located in Busan Jung-gu, Busan; (b) made it possible for the Defendant to use the victim D to make a speech that “on-site would not be mortgaged; and (c) obstructed the legitimate work between approximately 20 minutes, such as taking a large interest.”

2. At around 16:20 on the same day, the Defendant interfered with the police officer’s legitimate performance of official duties by assaulting 3 to 4 times on the ground that the police officer called out to the same place on the grounds that E was arrested in the act of interference with business on the ground that he was arrested as an offender in the crime of interference with business.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and D;

1. Previous convictions: Application of Acts and subordinate statutes;

1. Relevant Article 136(1) of the Criminal Act, Article 314(1) of the Criminal Act, and Article 314(1) of the Criminal Act, the choice of fines for the crime;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act dealing with concurrent crimes;

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

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

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

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