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(영문) 부산지방법원 2016.12.08 2016고단4936
공무집행방해등
Text

The prosecution of this case is dismissed.

Reasons

1. Summary of the facts charged

A. On May 3, 2016, around 08:30 on May 3, 2016, the Defendant insultd the victim by openly insulting the victim by “a sprinke, sprinke, and sprinke who are well known to the public,” while complying with D, etc., a staff member of the Embry Center, etc., who is a victim of the victim’s vehicle parked from the victim C.

B. The obstruction of performance of official duties, the Defendant: (a) at the same place on the same day; (b) around 09:00 on the same day; (c) requested the victim F to verify the identity of the victim, who is an official belonging to the Busan Police Station E District; (d) D, an official belonging to the E District Police Station of Busan Police Station, who is an employee of the E District, and C, who is a resident, etc., performed a bath to the victim, such as “Chewing flachise, Chewing flachise, flag; and (d) f’s chest part on both drinking.

Accordingly, the defendant openly insultingd the victim, and interfered with the police officer's legitimate execution of duties concerning the control of crime.

2. According to the records of the judgment dismissing public prosecution, the Defendant is recognized as having already died on July 1, 2016, which was before the instant public prosecution was instituted. Thus, the instant public prosecution constitutes a case where the procedure is invalid in violation of the provisions of law.

Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 2 of the Criminal Procedure Act. It is so decided as per Disposition.

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