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(영문) 수원지방법원 안양지원 2015.11.06 2014고단2017

공무집행방해

Text

Defendant

A shall be punished by a fine for negligence of KRW 4,000,000, and by a fine of KRW 2,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

1. On December 16, 2014, at around 00:30 on December 16, 2014, Defendant A, upon receiving a report from 112 that he drinks alcoholic beverages with B at a restaurant operated by D, and without any reason, “to take a bath without paying the drinking value”, the Defendant assaulted the security F’s left side side of the police officer, a police officer belonging to the Gyeonggi Provincial Police Agency, the Military Police Station E Zone, on one occasion.

Accordingly, the defendant interfered with the legitimate performance of duties by police officers on the prevention, suppression, and investigation of crimes.

2. Defendant B

A. In the above date and time, in the above restaurant operated by the victim D, the Defendant: (a) was done as if he would pay the drinking value without any intent to pay the drinking value; (b) was ordered by the victim; and (c) the victim was given an order for food to the victim and was provided with both 34,000 won and consideration (China) equivalent to the market value of the victim’s possession; and (d) did not pay the price, thereby gaining pecuniary benefits equivalent to the same amount.

B. Around 00:40 on December 16, 2014, the Defendant publicly insulting the victims by saying, “The victim guards F, the police officer of the Gyeonggi Provincial Police Agency E District E District Police Agency, and the police officer of the Gyeonggi Military Police Agency, who was dispatched for the foregoing reasons at the above location, have been distorted by a large voice, such as the above D, and there was a lot of noise, and inside the country, the police officer must conduct a Chinese inspection.”

Summary of Evidence

1. Defendant A’s legal statement

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

1. Application of an invoice statute;

1. Defendant A of the pertinent legal provisions relating to criminal facts: Article 136(1)2 of the Criminal Act: Article 347(1) of the Criminal Act (the point of fraud) and Article 311 of the Criminal Act;

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

1. Selection of each alternative fine for punishment;

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

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act

1. Defendants of the provisional payment order: the Criminal Procedure Act.