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(영문) 부산지방법원 서부지원 2020.06.04 2019고단2375
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 September 20, 2019, around 22:30, the Defendant assaulted the Defendant, who was under the influence of alcohol, and was under the influence of alcohol at one time, with his/her view to “at least 53 years of age, she shall do so,” who was under the influence of alcohol, without giving guidance for the purpose by boarding the taxi in front of the C District located in Seo-gu Busan, Seo-gu, Busan, on the part of the Defendant.

On the same day, the Defendant continued to assault the Defendant, i.e., that he cited as the defect that he saw as “hinginging and satising”, with the background E’s face.

As a result, the Defendant interfered with the legitimate performance of duties by police officers on the police officer's patrol duty.

2. 모욕 피고인은 위 1항과 같은 일시, C지구대 앞에서 경위 E를 폭행하는 피고인을 말리는 피해자 F에게 E와 택시기사 D이 듣고 있는 가운데 “개새끼야, 거지 같은 새끼야, 짭새새끼야”라고 큰소리로 말하여 공연히 피해자를 모욕하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to D, E, and F

1. Relevant Article 136(1) of the Criminal Act, Article 311 of the Criminal Act, the choice of a fine for the crime, the choice of a punishment, and the relevant Article of the Criminal Act

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 for the detention of a workhouse;

1. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, insulting the police officer, and committed obstruction of the performance of official duties by drinking another police officer’s boat. The crime of obstruction of the performance of official duties requires strict punishment as a crime detrimental to the State’s function by obstructing the legitimate exercise of public authority.

However, the Defendant stated that all charges are recognized and against the Defendant, and the Defendant is the victim of obstruction of performance of official duties.

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