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(영문) 의정부지방법원 고양지원 2013.05.03 2013고정309
공무집행방해등
Text

Defendant shall be punished by a fine of KRW 2,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On September 28, 2012, the Defendant interfered with the performance of official duties: around 00:15, the Defendant sound that, upon receiving a resident’s report from the construction site B in Yongsan-gu, Yongsan-gu, Yongsan-gu, Chungcheongnam-si, the Defendant obstructed a slope D belonging to the Busan Police Station C district unit and patrol police officer, who was called to the site, and her patrol vehicle to take a patrol vehicle, and she gets out of the patrol vehicle.

In addition, the Defendant assaulted and threatened the Defendant, i.e., by “I Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha) by inserting the arms with open driving seat of the patrol car, and demanding D to turn off from the car to the Defendant and to turn on the Defendant.”

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on civil petition reports.

2. The Defendant: (a) knew of the date and time set forth in paragraph (1) of this Article; (b) while the employees at B construction sites are hearing, the Defendant told the victim D and the victim E of the fact that the work at the site was suspended due to civil petitions; and (c) expressed the victim D and the victim E of the fact that “this weather

In addition, the defendant said that the above victims who demanded identification cards to be presented at the Seocho-gu Busan Metropolitan Government C District District District was "C, stroke, stroke, stroke, and strokee of the police of the Republic of Korea".

Accordingly, the defendant insultd the victims openly.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statements made to D and E;

1. Article 136 (1) of the Criminal Act and Article 311 of the Criminal Act for the crimes concerned;

1. Articles 40 and 50 of the Criminal Act among the crimes of insult;

1. Selection of each alternative fine for punishment;

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

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

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

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