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(영문) 부산지방법원 2015.11.30 2015고단6608
공무집행방해
Text

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

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

Reasons

Punishment of the crime

On September 27, 2015, around 04:20 on September 27, 2015, at the parking lot adjacent to the Busan Dong Police Station D District of Busan Dong Police Station, which was used by the Defendant under the influence of alcohol, the police officer E, a police officer belonging to the above district, and the police officer F, who was called for, was moving the Defendant to the said district.

On the floor of the patrol car, the Defendant carried out a bath to the above E, and had the E, who was trying to display his left hand to the face of E, go beyond the floor, and shaking the above F's arms against the Defendant.

Accordingly, the defendant interfered with legitimate execution of duties concerning the maintenance of police officers' order and suppression of crime.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer of the victims;

1. Application of Acts and subordinate statutes to photographs of police officers dispatched;

1. Article 136 (1) of the Criminal Act concerning the crime concerned (the point of obstruction of performance of official duties);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of a selective fine for punishment (such as the first offender, the fact that his/her mistake is seriously against the victim, and the fact that the victims have endeavored to receive a letter);

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

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