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(영문) 부산지방법원 2014.08.20 2014고정23
공무집행방해등
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

피고인은 2013. 9. 11. 05:10경 부산 금정구 C에 있는 D의 주거지인 E주택 205호에서, 피고인이 술에 취해 집에 돌아가지 않는다는 D의 신고를 받고 출동한 부산금정경찰서 F지구대 소속 경사 G이 거실에 앉아있는 피고인에게 나가 줄 것을 요구하자 “너거들은 뭐꼬”라며 일어서면서 머리로 경사 G의 왼쪽 턱 부위를 2회 들이박아 폭행하여 경찰공무원의 정당한 공무집행을 방해하였다.

Summary of Evidence

1. Legal statement of witness G;

1. Application of the police statement law to D;

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

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

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Around September 11, 2013, the Defendant: (a) around 04:48 on September 11, 2013, the summary of the facts charged: (b) around the E-house 205, which is the victim D’s residence located in Geum-gu, Busan; (c) opened a breagate with the entrance door twice in hand; and (d) intruded the victim’s residence.

2. There are evidence that conforms to the above charged facts in the judgment, the police statement about D, the police statement about G, and the legal statement of G.

D The investigative agency stated that “A’s entrance door was opened twice in hand, and the entrance door was opened,” but it was present in the court as a witness and stated in D’s investigative agency to the effect that “A’s appearance in the court that “The door opened by the Defendant is front of the 4 household, not the witness’s 205 door door, but the front door used jointly by 4 households, and it is well aware of whether the Defendant opened the door so far as the 205 door was cut down or was sick down.” The witness’s 205 door door was opened directly by the witness, and reported to the police to return it to the house without the Defendant’s return.”

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