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(영문) 부산지방법원 2014.09.03 2014고정2143
공무집행방해
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On January 24, 2014, the Defendant was sentenced to a suspended sentence of two years on August 8, 2014 by the Ulsan District Court for the violation of the Road Traffic Act, etc., and the judgment became final and conclusive on February 4, 2014.

On October 6, 2013, around 17:50 on October 6, 2013, the Defendant was under drinking alcohol on the ground that he was under influence of drinking in front of the two-dong highway patrol team in Busan, and the Defendant was under drinking alcohol, and the slope C belonging to the B district called upon receiving a report, was accompanied by the Defendant as B.

After accompanying the Defendant to the zone B, the Defendant, on the ground that the Victim E, who belongs to the Busan Franchi Police Station D Station, was to have a telephone call with the Defendant to hand over the Defendant’s son, obstructed the Defendant’s legitimate execution of official duties for the maintenance of order by taking into account the victim’s left hand, as he followed the victim to stop away from what he was going to go to the direction of the expressway.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Each report on investigation;

1. Previous records of judgment: Results of case search bound in the records of public trial, application of a copy of judgment and Acts and subordinate statutes;

1. Relevant Article 136 (1) of the Criminal Act concerning criminal facts, the choice of fines, and the choice of fines;

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

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

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

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