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(영문) 수원지방법원 2017.07.21 2017고단3635

공무집행방해등

Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On January 24, 2017, from around 19:00 to 20:00 on the same day, the Defendant: (a) was under the influence of alcohol at “E” restaurant operated by the victim D, who is an employee of the said restaurant; (b) thereby, the Defendant has the quality of a way to fry the bitch of bitch bitch “, etc., while taking the bath,” and was in the restaurant.

G et al. interfered with the business of the victim's restaurant operation by force by avoiding disturbance for one hour, such as displaying drinking and sprinking, as they resist the above customers, when the customers such as G et al. restrain the defendant.

2. On January 24, 2017, the Defendant interfered with the performance of official duties, and at around 20:00, at the restaurants listed in paragraph 1, “A male guest who drink drink booms on a different table.”

“The victim, as the police officer of the Suwon Police Station, who was dispatched to the above restaurant upon the report of 112, told the Defendant to return home, the victim, the police officer of the Suwon Police Station H police box affiliated with the above restaurant, etc., and told the victim, “I will die and die,” thereby threatening the victim, and continued to take the victim’s losses by force.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers on the handling of reported cases and the prevention of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. A statement of F and G;

1. Application of Acts and subordinate statutes to photographs damaged by police officers dispatched;

1. Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), Article 314 (1) of the Criminal Act (the point of obstructing the performance of duties), and the selection of fines for a crime;

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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act, even though Defendant’s main violence, etc. was committed several times due to the reason for sentencing of Article 334(1) of the Criminal Procedure Act, and again, the instant case was committed, and the commission of the police officer during the performance of official duties was committed, or the victim of interference with business.