beta
(영문) 수원지방법원 2015.05.07 2015고단544

공무집행방해등

Text

Defendants shall be punished by a fine of KRW 2,000,000.

In the event that the Defendants did not pay the above fine, 100.

Reasons

Punishment of the crime

1. On January 22, 2015, from around 07:00 to around 10:25 of the same day, the Defendants were unable to enter the said restaurant by drinking in the “F restaurant” operated by the victim E located in the Sinung-gu, Young-gu, Young-si from around 07:00 to around 10:25 of the same day.

Accordingly, the Defendants jointly interfered with the victim's restaurant business by force.

2. The Defendants of the obstruction of performance of official duties received 112 reports that they interfere with the duties at the time, place, and at the time, place specified in Paragraph 1, and received 112 reports, and solicited her returning home from the Assistant H, Police Officer I, and Police Officer J, Defendant B sent her bath to I, “this finite finite,” and “the finite of the finite finite,” and assaulted I with the lower part of the finite finite as one wall, and Defendant A attempted to restrain Defendant B.

또 피고인 A은 계속하여 공무집행방해죄의 현행범으로 체포되어 G파출소에 도착한 후 수갑을 채우려는 용인동부경찰서 G파출소 소속 경위 K의 허벅지를 발로 1회 찼다.

Accordingly, the Defendants jointly assaulted police officers and interfered with the legitimate execution of duties by public officials.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the E, K, H, and I;

1. Application of Acts and subordinate statutes to photographs damaged;

1. Articles 314 (1) and 30 of the Criminal Act concerning the relevant criminal facts, and Articles 316 (1) and 30 of the Criminal Act;

1. Selection of each selective fine for punishment (the fact that the accused is against the punishment, the victim does not want the punishment, and the crime of obstruction of performance of official duties appears to be contingent when the defendants are unable to properly hold the body under the influence of alcohol, etc.);

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

1. The Criminal Act for the detention of a workhouse;