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(영문) 인천지방법원 2018.04.12 2018고단680

공무집행방해등

Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

1. On January 17, 2018, at around 16:30 on January 17, 2018, the Defendant destroyed the property owned by the victim D, referring to “E restaurant operated by the victim D” in Nam-gu Incheon Metropolitan City, and, under the influence of alcohol, the Defendant took a bath to the Defendant’s daily activities and took food, washing machines, glass cups, etc. on the floor and damaged the property owned by the victim of the repair cost of KRW 300,000.

2. The Defendant interfering with his duties from January 17, 2018 to January 16:30 of the same day from January 17, 2018, to 16:54 of the same day, in the “E restaurant” as indicated in paragraph (1) operated by the Victim D, the Defendant was putting the equipment, washing, etc. on the floor as described in paragraph (1) on the floor and putting the equipment, etc. on the victim c

The death shall be discarded.

In addition, it interfered with the victim's restaurant business by force by putting the visitors on the floor, such as making them stay outside the restaurant, and allowing them to stay outside the restaurant.

3. On January 17, 2018, at around 17:00, the Defendant: (a) stated “E restaurant” as stated in paragraph (1) of Article 112, the Defendant: (b) expressed a desire to answer personal information from the slope G belonging to the Seoul Southern Police Station FJ forces of the Incheon Southern Police Station; (c) “poner is not superior, Ma Ma Ma Ma Ma Ma Ma Ma Ma Ma Ma Ma Ma Ma Ma Ma Ma Ma Ma Ma Ma Ma Ma Ma” and assaulted the Defendant at least twice by walking the Habbbbbbbbbbbs to arrest the Defendant as the current offender.

Accordingly, the defendant interfered with the legitimate execution of duties concerning 112 report processing and arrest of flagrant offenders.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D, G, and H;

1. Investigation report (referring to witness I and J telephone communications);

1. Application of Acts and subordinate statutes on site photographs;

1. Article 314(1) of the Criminal Act applicable to the facts constituting an offense (the point of interference with business), Article 136(1) of the Criminal Act (the point of interference with the performance of public duties) and Article 366 of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (limited to cases where a person interferes with the execution of each official duty);

1. Selection of each alternative fine for punishment;