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(영문) 부산지방법원 2015.09.17 2015고단4421
폭행등
Text

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

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

Reasons

Punishment of the crime

On March 27, 2015, at around 03:40 on March 27, 2015, the Defendant, upon receiving a report from “D” toilets located in the Busan Jin-gu C2, Busan, and committing an assault against the face of drinking, the Defendant obstructed the legitimate performance of public duties concerning the prevention of crimes of G and H in the elevator, by asking the Defendant’s daily behaviors, etc., a police officer belonging to the F District of the Busan Jin-gu Police Station F District, G, Ha, etc., who called the Defendant to ask the Defendant for the circumstances of the instant case.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes to each written statement (No. 1 to 4);

1. Article 136 (1) of the Criminal Act concerning the crime concerned (the point of obstruction of performance of official duties);

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (see Supreme Court Decision 2009Do3505, Jun. 25, 2009)

1. Selection of an alternative fine (i.e., confession, background of the crime, degree of violence, initial crime, age of the defendant, etc.);

1. The part concerning dismissal of prosecution under Articles 70(1) and 69(2) of the Criminal Act for the confinement of a workhouse;

1. On March 27, 2015, at around 03:40 on March 27, 2015, the Defendant assaulted the victim E (the 26-year-old age) with the Defendant’s scambling and drinking faces 2 to 3 times in his/her hand at “D” toilets located in the Busan High-gu Busan High-gu, Busan High-gu, about the dispute between I and J (the 26-year-old).

2. Since the victim does not want the punishment against the defendant after the prosecution of this case, this part of the prosecution is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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