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(영문) 서울중앙지방법원 2016.03.29 2015고정4091

공무집행방해등

Text

Defendant

A A shall be punished by a fine of two million won, and Defendant B shall be punished by a fine of one million won.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

1. In collusion with the Defendants who interfered with their duties, from around 06:30 on May 30, 2015 to around 06:50, the victim F operation in the E market located in Dongjak-gu Seoul Dongjak-gu Seoul Metropolitan Government D - - talking about a large amount of hydrogen complaint from the restaurant while drinking at the restaurant, and making the complaint from G, and “I will see to what you will see”;

"I have a high-friendly place in the Gu," and interfere with the affairs of the general restaurant business of the victim by force, such as taking a bath together with a large interest.

2. The Defendant interfered with the performance of official duties by Defendant A, at the above time, at the above time, and at the above place, committed assault to the above I, such as breaking up to the above I’s left shoulder, thereby impairing I’s legitimate performance of duties concerning the handling of reports. The Defendant obstructed I’s legitimate performance of duties concerning the handling of reports.

3. Defendant B’s insultd the victim at the above date, time, and place, as seen above, and Defendant B’s insultd the victim at the victim I by “If the victim was sent to the police officer who had been reported 112, it would immediately harm the handling of the instant case.” The Defendant publicly insultingd the victim in front of the restaurant employees and many customers.

Summary of Evidence

1. Each legal statement of witness I and F;

1. Statement made to I by the police;

1. A written statement;

1. Application of the Acts and subordinate statutes to the complaint;

1. The Defendants: Articles 314(1) and 30 of the Criminal Act; Defendant A who selects each fine: Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties); Article 311 of the Criminal Act (the point of insult); Article 311 of the Criminal Act (the point of insult); and the selection of fines

1. Defendants who are subject to aggravated concurrent crimes: the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act;

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

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act