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(영문) 부산지방법원 2020.08.10 2020고단1346
공무집행방해등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On August 20, 2019, the Defendant was sentenced to imprisonment with prison labor for six months at the Busan District Court for the obstruction of performance of official duties and was sentenced to a suspended sentence on August 28, 2019, and is currently under suspended sentence.

1. Around 20:20 on March 12, 2020, the Defendant insultd the victim with a large sound called “sponse, fye, fye,” which is a taxi engineer, in front of the Busan Coast Guard Station J District, located in the Busan Coast Guard Station I, and recommended the victim K to return home to the Defendant after accurately speakinging the destination of the taxi engineer. In the presence of the taxi engineer, the Defendant publicly insultingd the victim by openly exposing the victim with the large sound “fye, fye, fye,” which is a taxi driver.

2. The Defendant, at the same place as indicated in the above paragraph (1) and around 20:35 on the same day, proposed that M of the circumstances belonging to the said area be returned to the Republic of Korea, and the Defendant assaulted the police officer M of the said area to handle civil petition affairs, by putting the ebbbbbbbling the said M with his hand, and walking the said M’s bridge once by walking it.

Summary of Evidence

1. Statement by the defendant in this court;

1. Entry in the petition filed by K;

1. Statement in the police statement of M;

1. Statement and image of the investigative report (CCTV attachment) and the CDs attached thereto;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes described in criminal records and investigation reports (verification of the period of suspension of execution of the same kind of punishment);

1. Relevant Article 311 of the Criminal Act, Article 136 (1) of the Criminal Act, and the choice of fines for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of the sum of the maximum amount of the crimes of obstruction of performance of official duties, which are heavier than the punishment, as provided for in the crime of obstruction of performance of official duties);

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act include not less than 16 times the criminal records subject to punishment and not more than 4 times the criminal records subject to punishment for the same kind of crime, and the same kind of records.

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