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(영문) 부산지방법원 2017.09.20 2017고단3255
공무집행방해등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On September 20, 2016, around 23:30 on September 20, 2016, the Defendant: (a) received 112 reports of violence on the street in front of Busan Dong-gu, Busan; and (b) obstructed police officers’ legitimate performance of public duties, such as spitation and spitation, on two occasions, on September 21, 2016, the Defendant continued to be taken into the D District located in the Busan Dong-gu, and on September 21, 2016, on five occasions while taking a bath to the said E; and (c) again taking a bath to the G, and interfered with the police officers’ legitimate performance of public duties, such as spitation and spiting twice.

2. On September 21, 2016, at around 00:37, the Defendant damaged public goods by taking a bath to police officers, such as spiting spits, in the process of spiting spits, etc. within the said D zone, by taking the windows inside the district as the Defendant’s spits, etc. from a spits, thereby impairing public goods.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to investigation reports (including attachment of photographs);

1. Relevant legal provisions of the Criminal Act, Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties), Article 141(1) of the Criminal Act (the point of damaging goods for public use) and the selection of fines for the crime;

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;

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

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