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(영문) 부산지방법원 서부지원 2019.08.13 2018고단2031
공무집행방해등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. On July 25, 2018, the Defendant did not pay the remainder of 250,000 won, excluding the amount of KRW 130,00,00,00, which was paid as the advance payment, by placing an order with the victim C, located in the Northern-gu Busan, Busan, about 04:45, the victim C, who was placed in the north-gu, Busan, for an alcoholic beverage and an alcoholic beverage, etc. at KRW 380,00.

2. On July 25, 2018, around 05:00, the Defendant was asked to the “F building” side of the “F building” located in the Busan Northern-gu, Busan Northern-gu, and for the same reason, the Defendant was asked to the police officer H and police officer I belonging to the Busan Northern Police Station G District, who was called out after receiving the report of 112 by C for the same reason as paragraph (1).

그러던 중 피고인은 I이 휴대전화 동영상을 촬영하며 소란을 피우는 피고인에게 주의를 주자 오른손으로 I의 왼뺨을 1회 때려 폭행하였다.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers concerning 112 reporting processing duties.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Each police statement made to C and I;

1. Application of the Acts and subordinate statutes to a receipt or CCTV image closure photograph;

1. Article 3 (1) 39 of the Punishment of Minor Offenses Act and Article 136 (1) of the Criminal Act concerning the relevant criminal facts and Article 3 (1) 39 of the Punishment of Minor Offenses Act, the choice of punishment (the point of obstruction of performance of official duties and the selection of fines);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

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

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