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(영문) 부산지방법원 2016.08.10 2016고단2906
공무집행방해
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On May 15, 2016, around 03:25, the Defendant was under the influence of alcohol from the stairs of 202 Dong-dong 202 and 4th floor B apartment building in Busan, North-dong 2016. The Defendant was demanded to return home from D in the circumstances belonging to the Busan Northern Police Station C District of the Busan Northern Police Station, who was called after having received a report that she was under the influence of early human race. On the ground that he was getting out of the elevator into another first floor, he saw the above D’s vision and breath around the first floor. At around the time when he was in front of the first floor, he was sealed with the above D’s hand, and pushed the police boom, booming the left part of the police kid, booming it, and boomed the situation of the assaulted E with the Defendant’s hand, thereby making it in excess of the balking of the above Ethm.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the prevention of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes concerning the hearing of oral statements by telephone;

1. Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of a selective fine (the first offender, reflects the depth of a crime, assault against a police officer, and the degree of intimidation, etc.);

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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