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(영문) 수원지방법원 2018.10.11 2018고단4661

공무집행방해등

Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

1. On July 29, 2018, from around 00:10 to around 00:30 of the same day, the Defendant: (a) d'D' food and drinked in front of the “D' food and drink’ of the victim C ( South and 29 years old; and (b) d'I ambling of soil and sand’ from the victim; (c) d'I ambling of soil and sand; and (d) d'I ambling of the victim with the victim’s hand, the Defendant d's assaulted the victim by force.

Defendant continued to enter the restaurant as above according to the above victim, and had the victim and the above restaurant customer E, take a bath, and tightly tightly tightly tightly tightly tightly tightly tightly tightly tightly tightly tightly tightly tightly tightly tightly F and employee G, which was the above restaurant customer, and had approximately 20 minutes of the disturbance, such as drinking with H and I, and let the customers in the above restaurant get out and let other customers enter the restaurant.

Accordingly, the Defendant interfered with the victim's restaurant operation by force.

2. On July 29, 2018, the Defendant obstructed the performance of official duties at the “D” restaurant located in Suwon-si, Suwon-si, B on July 29, 2018, the Defendant refused to comply with the demand of the police officer K, who belongs to the Seo-gu, Seo-gu, Police Station J District, which was called by the police officer K, for a report of 112 during the disturbance as described in the above paragraph (1) and called “the police officer who did not assault other persons”, and used the said K’s chest as he did so in both hands.

Accordingly, the defendant interfered with legitimate execution of duties concerning the suppression of police officers' crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to K in the police statement;

1. Each written statement of C, H, I, and L;

1. Application of statutes on field CCTV photographs;

1. Relevant Article 314(1) of the Criminal Act, Article 314(1) of the Criminal Act, Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties), the selection of fines (the first crime, the point of obstructing the performance of official duties, and the point of agreement with the victim, etc.) concerning criminal facts;

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

1. The Criminal Act to attract a workhouse;