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(영문) 부산지방법원 동부지원 2016.07.06 2015고정1546
공무집행방해등
Text

Defendant shall be punished by a fine not exceeding one million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

The defendant is a person who plays a street music at a shipping beach, C is a service provider employed by the Gu Maritime Authority D, and the victim E (35) is a public official belonging to the Gu Maritime Authority D.

On August 5, 2015, the Defendant: (a) around 02:00, on the front side of the "G located in Busan Shipping Daegu FG", and (b) assaulted the victim, etc. on his hand, on the ground that the victim, who sought to control an administrative fine against the Defendant smoking, was able to take tobacco as his/her hand, for the reason that he/she was able to take the tobacco into his/her seat. (c) On the ground that the victim was able to do so, he/she saw him/herself into the front side of the road. (d) On the ground that the victim was able to do so, he/she saw him/her into the front side of the road without the Defendant’s permission.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the respective legal statements of C and E

1. Relevant Article 260 of the Criminal Act concerning the facts constituting a crime and Article 260 (1) of the Criminal Act concerning the selection of punishment;

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

1. Determination on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. The defendant does not have exercised violence against the victim E;

2. According to the evidence duly adopted and examined by this court, the Defendant was a person who plays a street music at the Maritime Bathing Beach located in Busan, and C was a service company employee employed by the Maritime Authority D, and E is a public official belonging to the Maritime Authority D. Around August 5, 2015, the Defendant was under the control of a fine for negligence for negligence on smoking in a non-smoking area while playing a street music at the Maritime Authority D. Around 02:00 on August 5, 2015.

E was given attention to “drawing tobacco,” but answered “I will turn off the Defendant more early,” and “I will take a cigarette that D and the Defendant was flicked in the Defendant’s entry.”

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