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(영문) 부산지방법원 동부지원 2015.05.29 2014고정1815
공무집행방해
Text

Defendant shall be punished by a fine of KRW 1,200,00.

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

Reasons

Punishment of the crime

On September 6, 2014, at around 00:41, the defendant was in the part near the Busan Youngdo Police Station located in the Busan Youngdo Police Station, and the defendant was killed in the D taxi of the C driver and was moving to the Dong-dong in the Busan Youngdo.

At around 01:10 on the same day, the Defendant opened the door of the above cab which was in operation while stating that “I see a taxi” to C in the vicinity of the training-ro 316-ro 4 (Sami-dong) of Suwon-gu, Busan.

The defendant was about to see C as soon as he was removed from male who was in the process of doing so, and was about to pay C 10,000 won out of 14,000 won of taxi fee.

At this time, the Busan Coastal Police Station Estation F (the age of 42) sent to the police station after receiving the report was called as "Sababab, Habab, Habab," following the defendant's escape to the effect that he paid a taxi fee and tried to assault."

이에 피고인은 “씹할, 니가 뭔데! 내가 뭘 잘못 했노!”라고 말하면서 F의 가슴에 머리를 들이밀며 오른손 주먹을 위로 올려 F를 때리려고 하는 등 폭행하여 경찰관의 정당한 질서유지 업무의 집행을 방해하였다.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Each statement made by the police with respect to F and C, respectively;

1. Application of Acts and subordinate statutes stating an investigation report (Refusal to affix a written confirmation, etc.) prepared by the police;

1. Relevant Article of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment;

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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