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(영문) 부산지방법원 2016.08.11 2016고단2454
공무집행방해등
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On April 27, 2016, at around 02:30 on April 27, 2016, the Defendant: (a) was refused to use the toilet from his employee F to enter the warehouse; (b) was released from the “E convenience store” of the Victim D’s Operation, which was called the “E convenience store”; (c) was sent upon receipt of a report, from G, who was a police official belonging to the Busan Coast Guard station, etc., and was urged to return home from the police officer G, etc., who was called the “F, etc., to whom he was urged to return home; and (d) the Defendant damaged the property at a total of KRW 7,50,00 by putting five goods, such as the “F, i.e., the North

2. Around April 27, 2016, the Defendant: (a) was arrested as a current offender for the above crime; and (b) led to the Busan Coastal Police Station I district located in H in Busan District; (c) prior to the said District, the Defendant obstructed the police officer’s performance of duties in relation to the prevention, suppression, and investigation of the said police officer’s crime, with a qui to the said police officer who takes a bath to G one time before the said District; and (d) obstructed the police officer’s performance of duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to F and G;

1. Article 366 of the Criminal Act applicable to the facts constituting an offense and Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties);

1. Selection of each alternative fine for punishment (the first offender, the degree of damage in the case of damage to property, the payment of the agreed amount exceeding the amount of damage to the relevant victim, which was agreed smoothly, and taking into account the circumstances, such as deposit of KRW 80,000 for police officials who have suffered damage in the course of performing their official duties, etc., which scarly selly sel

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

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