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(영문) 창원지방법원 2014.11.04 2014고단2004

공무집행방해등

Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

1. The Defendant in violation of the Food Sanitation Act is a person who operates a restaurant after reporting an ordinary restaurant business with the trade name “C” in the Changwon-si B building in Changwon-si.

A person who intends to conduct an ordinary restaurant business shall report to the Minister of Food and Drug Safety, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu by type of business or place of business, and shall report changes in the area

Nevertheless, on June 25, 2014, the Defendant did not report the change of the size of the business place on June 25, 2014, and installed a table and a chair in the front of the above restaurant, and provided the straw and alcoholic beverages to customers.

As a result, the Defendant changed the area of the business without reporting the change.

2. The Defendant engaged in business in the area of the place of business changed without filing a report as above at the time and place mentioned in the above Paragraph (1) above, and committed assault, such as following the instructions of the head of Sungsan-si, Sungwon-gu, Sungwon-si, which was under the special guidance and inspection of restaurant, by reporting that E, who is a public official D, of Changwon-gu, who was in charge of the special guidance and inspection of restaurant, takes photographs of the above offenses, and “When he takes an administrative guidance, he shall wear a photograph, and if he takes a photograph for punishment, he shall wear a photograph,” and then, “I put a sanitary checkup slip posted on his house on his house, and draw up E’s dubro.”

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the special guidance and inspection of the restaurant of public officials.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written statement;

1. Application of the management ledger of permission for food service business (report) and statutes governing field photographs;

1. Relevant legal provisions concerning criminal facts, Articles 97 subparag. 1, 37(4) (a point of change of the area of business place without filing a report), 136(1) of the Criminal Act, and the choice of imprisonment, respectively, with prison labor;

2. The Criminal Act among concurrent crimes;