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(영문) 인천지방법원 2016.12.16 2016고단6123

공무집행방해등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. On September 2, 2016, from around 23:40 to September 00:05, 2016, the Defendant interfered with business: (a) threatened an employee E, without any justifiable reason, with a view to going to an unspecified number of customers who are dancing at a stage up in Nam-gu Incheon Metropolitan City, and (b) demanded employees E (34 years old) to find the Defendant and move out of the place of business by paying vision expenses; (c) however, the Defendant refused and continued to perform his/her duties; and (d) interfered with the said victim’s bar business business for about 20 minutes by force, such as having the customers in the said D or E leave the place of business.

2. The Defendant damaged property at the same time, at the same place, and at the same time and place, the damage was inflicted on the alcohol, alcohol, and sprink, which were on the boom table table table, and the damage was inflicted on the property whose amount of damage cannot be known.

3. The Defendant of the obstruction of performance of official duties: Before September 3, 2016, returned from G police officers belonging to the Incheon Southern Police Station F District Station, who received 112 reports related to the obstruction of official duties in calculating the second floor of Dian Art shop around 00:49, and called out.

In spite of Gu, the police officer interfered with legitimate execution of duties of the police officer in relation to crime prevention and suppression of police officer, such as "Isson's superior, Isson kn's left face part of the police officer's drinking," and the police officer continued to interfere with the police officer's physical body of the police officer who attempted to restrain the defendant, and the police officer continued to interfere with the police officer's legitimate execution of duties in relation to crime prevention and suppression of crime.

Summary of Evidence

1. Each legal statement of the witness H and E;

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning G;

1. Notification of photographs of on-site and damaged police officers, and of departments related to reporting a 112-case case;

1. Application of Acts and subordinate statutes to report internal investigation;

1. Relevant Article 314(1) of the Criminal Act and Article 314(1) of the Criminal Act (the point of interference with business and the selection of fines), Article 366 of the Criminal Act concerning criminal facts, and the point of causing property damage; and