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(영문) 부산지방법원 동부지원 2016.10.24 2016고정632
공무집행방해등
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

The defendant is engaged in wholesale and retail business of goods among examinees with "D" trade name in Suwon-gu Busan Metropolitan Government C.

1. On December 16, 2016, the Defendant received a demand for submission of identification cards from the delivery of the F Real Estate in front of the Busan Metropolitan City Maritime Daegu EF Real Estate, and from the Busan Maritime Transportation Zone G District in the Busan Maritime Transportation Station, where the Defendant is working for traffic control by getting off the Otoba and getting off the Oba, the Defendant was subject to a demand for submission of identification cards.

The Defendant entered a commercial building without any speech and delivered the goods, and the Bah H demanded to submit a tea identification card again.

At that time, the Defendant stated, “I do not seem to have been subject to the control of the internal fish system, but can not give any identification card,” and that H said, “I may not submit a identification card and may be arrested as a flagrant offender for minor crimes.”

Accordingly, the Defendant assaulted the victim police officer's chest with his hand to block the cell phone face, with the face of the cell phone used by the victim, and to fall off on the floor, thereby hindering the police officer from performing his legitimate duties in relation to traffic control.

2. Definating;

B. On the same date, time, place as mentioned in the foregoing paragraph, the victim told that he/she may be arrested as a flagrant offender for minor crimes if he/she fails to submit his/her identification card.

Accordingly, the Defendant publicly insultingd the victim by openly referring to four unspecified elementary school students, three adults, “Chosty, chrone, Mahman, Mahman, Mahman, Mahman, and so on, in front of the report.”

Summary of Evidence

1. The legal statement of the witness H and I;

1. The police statement of H and I;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article 136(1) of the Criminal Act and Article 311 of the Criminal Act (the point of obstructing performance of official duties and the choice of fines) concerning criminal facts;

1. Aggravation for concurrent crimes;

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