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(영문) 부산지방법원 2015.07.16 2015고단2711

공무집행방해등

Text

Defendant

A shall be punished by imprisonment for eight months, by a fine of three thousand won,00,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

The defendants are married couple.

1. On May 5, 2015, the Defendants’ joint criminal conduct, at around 22:30, obstructed the business of the said restaurant, by force, interfered with the business of the said restaurant by avoiding disturbances, such as where the customers who were in the said restaurant did not take meals or enter or depart from the restaurant, on the ground that they paid the meal charges by the restaurant E in the card. Defendant A was in a parking lot by gathering plastic liquor outside the said restaurant while taking a bath, and Defendant B was in a disturbance, such as where the customers who were in the said restaurant did not take meals or are unable to enter or leave the restaurant.

2. Defendant A’s crime of obstruction of performance of official duties at around 23:00 on the same day, and requested the police officer to file a petition from G at the police box belonging to the Busan East Police Station, which was called “I am few few few few few few few few few few few few few few few few few few few few few few few

3. The Defendant committed the crime of obstruction of the performance of official duties by Defendant B, at the date and time, and at the place specified in the above paragraph 2., committed an assault, such as drinking and salivating the face and body of the above police officer, when taking several times, and salivating the head of the above police officer’s body, and obstructing the police officer’s legitimate performance of official duties concerning the arrest of flagrant offenders.

Summary of Evidence

1. Defendants’ legal statement

1. The police statement concerning G;

1. Application of the respective Acts and subordinate statutes of H and I

1. Article 136 (1), Article 314 (1), and Article 30 of the Criminal Act concerning the applicable criminal facts and the choice of punishment: The defendant A shall be punished by imprisonment with prison labor, and the defendant B shall be selected by each fine;

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

1. Articles 70(1) and 69(2)1. 1. of the Criminal Act (Defendant B).