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(영문) 부산지방법원 2017.02.24 2016고단7583
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 September 19, 2016, the Defendant damaged the victim E, who was leaving a taxi in front of the D convenience store located in Busan Dong-gu, Busan, on the street, on the ground that the victim E refuses to take a taxi, thereby leaving the taxi in front of the D convenience store located in Busan Dong-gu, the Defendant destroyed the part of the lower part of the F taxi driver’s seat behind the driver’s seat of the victim on several occasions, and the market price in which the victim owned the said taxi driver.

2. On September 19, 2016, the Defendant: (a) was arrested and investigated in the act of committing a crime under paragraph (1) within the Busan Dong Police Station located in the Busan Dong-gu Busan Dong Police Station; (b) around September 21, 2016, the Defendant died of a police officer being arrested and investigated in the act of committing a crime under paragraph (1).

"Along with sound, "h", "h", "h", and "h", and "h", the security guards belonging to the above earth's zone I(35 ) are trying to stop this, and the face side of I would like to walk I at one time due to a defect, and the driver was on the right side, which requires treatment for about 10 days for the vehicle.

As a result, the defendant interfered with the legitimate execution of duties by police officers on arrest of flagrant offenders and at the same time injured the police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. Photographss of the parts of the damaged area and the upper part thereof;

1. Efafics of the fafics;

1. Application of the legislation in its opinion;

1. Relevant Article 366 of the Criminal Act, the choice of punishment for the crime, Article 366 of the Criminal Act, Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), Article 257 (1) of the Criminal Act, and the choice of fines for the crime;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the crime of obstructing the performance of official duties and the crimes of injuring an injury, and the punishment imposed on the crimes of serious injury shall be imposed);

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes with severe injury) shall be applied to concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Although the reason for sentencing of Article 334(1) of the Criminal Procedure Act is not good, there is no history of criminal punishment for the same crime.

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