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(영문) 부산지방법원 2018.04.23 2017고단3772
공무집행방해등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

Where the above fine is not paid, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. Around July 9, 2017, the Defendant insultingd the victims by openly insulting the victim by saying, “A male desire to open a late door to Busan Dong-dong,” in front of the late door of C located in Busan Dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si (46 years of age) by asking the Defendant’s personal information, etc. from among many unspecified people.”

2. Around 10:35 on the same day as above 10:35 day, the Defendant obstructed the performance of official duties, where E in the circumstances belonging to the said district group due to the act of the above paragraph 1, demands the Defendant to sign by posting a compacter box for drinking alcohol, and the Defendant called “this sponse, sponse, sponse, and sponse, spick, and sponse, sponse, spick, and spick, sponsed on the floor, and sponse E with the right trade.

Accordingly, the defendant interfered with legitimate execution of duties concerning the suppression and investigation of police officers' crimes.

Summary of Evidence

1. Each police statement made to F and E;

1. Application of Acts and subordinate statutes, such as a CCTV closure photograph in the earth boundary;

1. Article 311 of the Criminal Act (a point of insult) and Article 136 (1) of the Criminal Act concerning the facts constituting an offense (a point of obstructing the performance of official duties) of the same Act;

2. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (as to the offense of insult, respectively)

3. Selection of a selective fine for punishment (such as the absence of any record of punishment for the same type of crime and the absence of a previous record exceeding the fine);

4. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act for the increase of concurrent crimes.

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

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

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