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(영문) 부산지방법원 2017.09.13 2017고단2438
공무집행방해
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

The defendant was under the influence of drinking alcohol as an employee of the C main office in Busan Jin-gu, Busan, and became a customer and a trial with the customer.

At around 02:30 on April 13, 2017, the Defendant: (a) received a report, and received a request from the owner of the Busan Police Station D District E, which called “a person who causes damage to a flag,” and received a request from the owner of the business to request the Defendant to leave the place of business; (b) obtained the Defendant from the owner of the Busan Police Station D District E to leave the place of business; and (c) took the Defendant out of the place of business; and (d) expressed the Defendant’s defect that “I am home, I see, and Chewing impule.”

Although the Defendant continued to leave a mobile phone and entered again into the business place, the Defendant may not immediately leave the place of business so that he could leave the door of the defective entrance so that he could not enter the place of business and prevent him from entering the door of the gate, and he can check the body of E with his chest and spher chests, and sphers the smoke of tobacco into the face of E;

The bath theory was expressed as "brupted for growth".

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reports.

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 on investigation reporting;

1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of an alternative fine (no previous conviction for the same offense, and considering the reflection of the offense, etc.);

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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