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(영문) 부산지방법원 2015.12.10 2015고단4405
공무집행방해등
Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On June 20, 2015, at around 02:37, the Defendant obstructed the business of the victim’s restaurant by having the victim D in Suwon-gu, Busan, “E”, which was operated by the victim D, on the ground that the victim D was unable to enter the said restaurant by being subject to a penalty due to the disturbance of drinking at the above shop, and again having found the said shop again on the ground that it was bad for him/her to be imposed a penalty. The Defendant obstructed the victim’s restaurant business by forcing the victim into the said restaurant by force.

2. 공무집행방해 피고인은 2015. 6. 20. 03:15경 제1항의 범죄사실로 현행범인으로 체포된 후 F파출소에 인치되어 대기하던 중 피고인을 감시하고 있던 위 파출소 소속 순경 G에게 “내가 뭘 잘못했냐 씨발놈들아” 라고 욕설을 하면서 위 G의 목 부위를 주먹으로 1회 때리고 멱살을 잡는 등 폭행하여 경찰관의 현행범인 체포에 관한 정당한 직무집행을 방해하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statements made to D and G;

1. Articles 136(1) and 314(1) of the Criminal Act of the relevant statutory provisions on criminal facts (a) appears to have been affected by a considerable sense of liability for the crime of this case, such as the fact that the victim of the obstruction of duties has agreed with the victim of the obstruction of performance of duties, the attitude and degree of the obstruction of performance of duties, and the attempt to commit suicide after the crime of this case, etc., and the defendant appears to have reached the crime of this case under the status that he suffers from a eulnactic disorder that requires long-term treatment, and it appears that he/she has reached the crime of this case; however, he/she has made his/her best effort to treat the disease of this case; one million won has been deposited for the counterpart police officer of the obstruction

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

1. The order of provisional payment;

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