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(영문) 부산지방법원 2016.10.20 2016고단4036
공무집행방해
Text

Defendant

A A shall be punished by a fine of KRW 3 million, and Defendant B shall be punished by a fine of KRW 4 million.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

1. On July 4, 2016, at around 01:52, Defendant A assaulted on the hand floor that “D” located in the Busan B-gu, Busan-gu, with the report of 112, that was sent to the site by the Busan-do, Police Station E-gu, Busan-do, Police Station, and E-gu, who was dispatched to the site after having received the report of 112, “When you stop a fighting, it is not necessary for a female police officer to speak for a fighting with him/her.”

Accordingly, the Defendant interfered with the legitimate performance of police officers' duties concerning the prevention, suppression, and investigation of crimes.

2. Defendant B

A. The Defendant assaulted the Defendant at the same time and place as paragraph (1) of the same Article, and at the same time and place as in paragraph (1) of the same Article, and as in paragraph (1) of the same Article, in order for F to refrain from fighting as in paragraph (1) and arrest the Defendant as a flagrant offender in the crime of assault.

Accordingly, the Defendant interfered with the legitimate performance of police officers' duties concerning the prevention, suppression, and investigation of crimes.

B. At around 02:07 on the same day as Paragraph 1, the Defendant publicly insulting the victims by publicly insultingly speaking to the victim F(46 years of age) and the victim Ha (30 years of age) as “I bit bit bit bitch bitch bits, ear, son, and son who drinks taxes within the E District G in Busan, Busan, a large number of unspecified people.”

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of the police statement concerning F;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 136(1) of the Criminal Act; Article 136(1) of the Criminal Act; Articles 136(1) and 311 of the Criminal Act;

1. Defendant B of the ordinary concurrence: Articles 40 and 50 of the Criminal Act;

1. Defendant B of the option of punishment: A fine for negligence (no same kind of punishment shall apply);

1. Defendant B among concurrent crimes: former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Defendants of detention in the workhouse: Article 70(1) of the Criminal Act.

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