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(영문) 부산지방법원 2014.12.12 2014고단7189
사기등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 6, 2014, the Defendant: (a) on the front road located in Jung-gu, Busan, Jung-gu, 2014, the Defendant: (b) on the front of a taxi operated by the victim D, as if he/she had the intent or ability to pay the charges even though he/she was on a taxi operated by the victim D, he/she was boarding the taxi of the victim and had the victim operate the taxi to the third distance of the Gu Sports Center located in Seocheon-gu, Busan, and had the victim pay the amount equivalent to KRW 6,70, and acquired the pecuniary benefits equivalent to the same amount.

2. Around 07:00 on June 6, 2014, the Defendant insultd the victim publicly by publicly insulting the victim on a multiple occasions, i.e., “Is to pay for the fee of the fry and return home,” among many and unspecified people who are in the above place, the Defendant: (a) was a taxi driven by D on the ground of paragraph (1) and was a front parking lot of the Busan Hado Police Station E District; and (b) was a horse, “Is to pay for the fee of the fry and return home”; and (c) was a large number of people who are in the above place.”

3. 공무집행방해 피고인은 2014. 6. 6. 07:05경 제1항 및 제2항의 이유로 부산사하경찰서 E지구대 소속 경장 F에 의해 현행범인으로 체포되자 위 F에게 “이 씹할 놈 개새끼 내 직장 나가게 되면 니 끝까지 찾아가서 죽여 버린다, 그리고 지구대에 불질러 버린다”라고 겁을 주고 주먹으로 위 지구대 출입문을 3회 때리고 발로 3회 찼다.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to the handling of duties of police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. Application of Acts and subordinate statutes to a criminal investigation report (CCTV photographs);

1. Relevant Article 347(1) of the Criminal Act concerning the facts constituting an offense, Article 311 of the Criminal Act, and Article 136(1) of the Criminal Act;

1. Selection of penalty;

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