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(영문) 부산지방법원 동부지원 2014.07.07 2014고정56
퇴거불응등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. Around 07:00 on October 15, 2013, the Defendant was found in his/her place of residence of the victim D (the age of 65) who was divorced in Busan Southern-gu, Busan-gu, demanded the change of the family register for two married children. Around 30 minutes, the Defendant refused the victim’s request for eviction through several times while putting his/her happiness at the end of 30 minutes.

2. The Defendant assaulted the victim with a stick accompanying his face and body on the face and body of the victim on the ground that the victim and his/her offspring, who is a child, did not comply with the demand of change in the family register at the time and place set forth in the preceding paragraph.

3. The Defendant engaged in the performance of official duties on the ground that F, a police official belonging to the Busan Southern Police Station E-gu, Busan Police Station, who received a report for the same reasons as mentioned in the above paragraph 2, arrested the Defendant as a flagrant offender and sent him/her out of the victim’s house on the ground that he/she was suspected of non-compliance with the eviction, and assaulted the police officer’s legitimate performance of duties by committing assaulting the Defendant, such as a one-time vehicle at the right edge.

Summary of Evidence

1. Legal statement of witness D and F;

1. Application of Acts and subordinate statutes to on-site reports and emergency measures reports;

1. Relevant Article 136(1) of the Criminal Act for the crime, Article 319(2) and (1) of the Criminal Act, and Article 260(1) of the Criminal Act for the crime;

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

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

1. The defendant and his defense counsel's assertion of the provisional payment order against the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act asserts that since the police officer's control over the defendant by improper means, such as plucking and plucking the defendant's arms and breaking on the floor, it does not constitute the crime of obstruction of performance of official duties.

It can be seen by the above-mentioned evidence.

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