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(영문) 부산지방법원 2014.11.13 2014고단7516
공무집행방해
Text

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

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

Reasons

Punishment of the crime

On August 31, 2014, at around 05:55 on August 31, 2014, the Defendant: (a) took a taxi near the Young-do, Busan inciting the Young-do; (b) took a taxi, and (c) took the 112 notification, and thereby, the Defendant, who was in the position of C to the Young-do Police Station B district unit, called “Ie, C”, called “Ie, C’s face, sp, bridge, etc., sent to the 112 notification, and interfered with the legitimate execution of duties concerning C’s crime and maintenance of order.”

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to C and D

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 Commercial Act (see Supreme Court Decision 2009Do3505, Jun. 25, 2009)

1. Selection of a selective fine for punishment (such as confession, early crime, and victim's endeavor to receive a letter of suspicion, and the result of the sentencing investigation shows that victims are in advance of the defendant, etc.);

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

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