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(영문) 부산지방법원 2017.10.19 2017고단3187
공무집행방해등
Text

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

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

Reasons

Punishment of the crime

1. On April 2, 2017, the Defendant: (a) asked on April 2, 2017, whether the Defendant was under the influence of alcohol at the cel located in Busan Jung-gu B and 5 level; (b) provided explanation that there was no empty space from the victim E (the 60-year-old age), who is an employee; (c) did not go through the curb, and carried out diving at the curb; and (d) did not occur continuously by disregarding the demand of the person who discovered the curbly, even though he was demanded by the victim to change the curbly.

The victim interfered with the victim's business operation by force for about 55 minutes, such as reporting the side to the telecom, reporting the victim's movement to the telecom, and making a large sound with the police officer dispatched after being reported by the victim.

2. 공무집행 방해 피고인은 2017. 4. 2. 06:15 경 위와 같은 장소에서 위 E의 신고를 받고 출동한 부산 중부 경찰서 F 지구대 소속 순경 G으로부터 위와 같은 이유로 현행범인 체포를 당하자 “ 난 오줌을 싼 적이 없다 확인을 해보자, 왜 내가 오줌 쌌느냐!

Bak Bab

The Bab "Woo" expressed a bath, flabing the disturbance, flabing the flab, and flabing the flab’s flab, and assaulting the flab by flabing the fla

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

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of partially the accused by the prosecution;

1. Each police statement protocol with respect to E and G;

1. Application of Acts and subordinate statutes to investigation reports (1) (1) , on-site photographs, investigation reports (2) , investigation reports (2) , and investigation reports (3) ;

1. Relevant Article 314(1) of the Criminal Act, Article 316(1) of the Criminal Act (the point of interference with business), Article 136(1) of the Criminal Act (the point of interference with the performance of public duties), and the selection of fines for the crime;

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. The grounds for sentencing under Articles 70(1) and 69(2) of the Criminal Act, which are under the influence of liquor.

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