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(영문) 부산지방법원 2017.12.06 2017고단4756
공무집행방해
Text

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

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

Reasons

Punishment of the crime

around 02:24 August 12, 2017, at the home of the defendant, located in Busan Dongdong-gu B building 101, and received 112 reports from the husband that the defendant was assaulted by the husband, the police box affiliated with the Busan Dong-dong Police Station C commander of Busan Dong-dong Police Station D, and slope E asked the defendant to inquire about the circumstances of the case, and the defendant "It has been why she would do so."

”라고 욕설을 하며 식탁 위에 놓여 있던 소주병을 들고 D에게 던지려고 하거나, D에게 다가가 주먹으로 때리려고 하고, 이에 E가 피고인의 허리를 감 싸 안아 제지하였음에도 양손으로 D의 멱살을 잡고 목을 조르며 흔들어 D이 착용하고 있던 권총과 무전기 등이 들어 있는 외근 조끼의 접합 부분이 분리되어 벗겨지게 한 후 이를 바닥에 집어던지고, 계속해서 D의 멱살을 양손으로 잡고 밀고 당기며 몸싸움을 벌이다가 함께 뒹굴어 넘어지게 하는 등 D을 폭행하고, 그 과정에서 피고인을 감 싸 안고 있던

E was assaulted by the body of the E, where he was fluorized by fluorging off the table, and when he was fluorged by the Defendant, he was fluging the left side of the E with the Defendant in drinking, thereby destroying the visibility of the E influging.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the handling of reported cases and investigation affairs by two police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Part of the statement of F in the protocol concerning the interrogation of the accused by the prosecution;

1. Each police statement made to D or E;

1. Application of each statute on photographs;

1. Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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

1. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act is likely to obstruct the execution of official duties by assaulting two victim police officers dispatched by the defendant upon receiving the above report of domestic violence.

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