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(영문) 수원지방법원 2016.10.19 2016고단5302

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 May 31, 2016, the Defendant: (a) around 20:55 on May 31, 2016, the Defendant: (b) went through and went through while drinking and drinking at the restaurant operated by the Victim C in Suwon-si B; and (c) on the ground that the Defendant, who was seated on a different table, was able to make it effective by putting an unclaimed person on the floor at the market price owned by the victim and destroying it.

2. The Defendant interfered with business, at the time, at the same time and place as that of paragraph 1, and continued to gather the chairs, such as Paragraph 1, and continued to gather the sprinks on the floor of the table, and interfered with the victim C’s business by force by avoiding disturbance, such as taking a bath to other customers.

3. The Defendant at around 21:08 on the same day, and received a report at the same place as Paragraph (1) and sent to E, the police officer affiliated with the Suwon Police Station D District D District Unit, who was called the Defendant, was able to arrest the Defendant as a flagrant offender, and, at the same time, she cut the parts of the above E at one time at the right shoulder and down the above part of the E on the stroke floor.

Accordingly, the defendant interfered with the legitimate execution of official duties on the criminal investigation by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of police statement of C and E;

1. Details of receipt of reports;

1. Application of Acts and subordinate statutes to investigation reports (CCTV video content);

1. Articles 136 (1), 314 (1), and 366 of the Criminal Act concerning the relevant criminal facts, and the choice of fines for negligence;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the order of provisional payment, even though the defendant was sentenced to a fine twice due to violent crimes, again commits assault against the police officer who called out to the scene of his failure, such as avoiding disturbance at another person's business place and attaching things, even though he was sentenced to a fine twice due to violent crimes.