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(영문) 부산지방법원 2012.12.27 2012고정5326
공무집행방해등
Text

Defendant

A A shall be punished by a fine of 2 million won, and by a fine of 1.5 million won, respectively.

The above fine is imposed against the Defendants.

Reasons

Criminal facts

1. On July 23, 2012, Defendant A and B co-principaled Defendants on July 23, 2012, 05:30, in front of the 'Korean CGV' film center located in the Busan-dong, Busan-dong, the former Defendants are under the influence of alcohol, E and the latter Defendants are under the influence of alcohol.

On the car log, a car parked at the same place was destroyed by the glass of the car, and on the part of the Busan Police Station F District G, who was called upon, and on the part of the police officer, the desire was used to arrest H as a flagrant offender by committing assaulting the police officer's arms, such as cutting off and pushed down the arms of the police officer, and obstructing the police officer's legitimate execution of duties related to the 112 Report.

2. Defendant A, on the ground that police officers G and H wanted to accompany Defendant D, such as the date, time, place, and paragraph (1) of this Article, Defendant A damaged public goods so that the repair cost amounting to KRW 290,286, by generating even even parts after the driver’s seat of the IF Zone 112 patrols, would be equal to Defendant D.

Summary of Evidence

1. Defendants’ respective legal statements

1. The application of each police statement to H and G, each investigation report (general, obstruction of the performance of official duties, etc., and attachment of quotations (19 pages) to statutes;

1. Relevant Articles 136(1), 30, and 141(1) B of the Criminal Act: Articles 136(1) and 30 of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrences;

1. Selection of each alternative fine for punishment;

1. Defendant A from among 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 detention in a workhouse;

1. Article 334 (1) of the Criminal Procedure Act, each of the provisional payment orders;

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