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(영문) 부산지방법원 2017.08.30 2017고단2152

공무집행방해등

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

1. On March 31, 2017, from around 12:30 to 13:00 of the same day, the Defendant obstructed the Defendant’s legitimate restaurant business of the victim of the victim of the victim D (n, 46 years of age) located in the Busan East-gu Seoul metropolitan area by “E” restaurant operated by the victim D (n, n, and 46 years of age). On the ground that food does not appear, “16,000 won is changed to two-month installments,” and the Defendant sing down and talked with the victim, and interfered with the Defendant’s legitimate restaurant business by keeping the disturbance, such as drawing the door.

2. The Defendant interfered with the performance of official duties at the time and place specified in the above Paragraph 1, and at the place, saying that the Defendant did not perform the above disturbance G from the slope G belonging to the Busan East Police Station F District, which called the Busan East Police Station, dispatched to the site upon receiving 112 reports.

On the other hand, after the removal of G's left arms, it was promptly opened, and the head of G was sold in the way of the recovery of the paper World Cup cited, and the use of assault was interfered with the police officer's performance of duties concerning the prevention, suppression, investigation, etc. of the crime.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. Each legal statement of witness D and G;

1. Application of the Acts and subordinate statutes to photographs taken on commission of crimes;

1. Relevant Article 314 of the Criminal Act, Articles 314(1) and 136(1) of the Criminal Act, the choice of fines for criminal facts, and the choice of fines;

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. Penalty fine of KRW 3,000,000 to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59 (1) of the Criminal Act (see, e.g., reflective points, primary points, and elderly points);