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(영문) 청주지방법원 제천지원 2019.10.17 2019고단273

공무집행방해

Text

Defendant

A shall be punished by a fine for negligence of KRW 4,000,000, and by a fine of KRW 3,000,000, respectively.

The Defendants respectively.

Reasons

Punishment of the crime

[Basic Facts] Defendant A is the operator of the “D dan” Docheon-si, and Defendant B is the employee of the said main shop.

Defendant

B On June 5, 2019, around 00:00, customers who had been at the above main points did not pay the drinking value, and reported 112.

【Criminal Facts】

1. On June 5, 2019, at around 00:02, Defendant A tried to go to a customer who did not pay the drinking value while hearing an explanation of the instant processing procedure from the Inspector F, a police officer belonging to the Incheon Police Station E Zone E District of the Police Station, who was dispatched after receiving a report from the above main office on June 5, 2019, and tried to go to the customer who did not pay the drinking value from F, Defendant A, who was subject to control from F, “I must go to her address, I am franch, and I am franch. I am franch.”

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning the prevention, suppression and investigation of crimes.

2. Defendant B, at the date, time, and place under Paragraph (1) of this Article, the following: (a) the F attempted to arrest A in the act of committing an offense; (b) the F had been able to arrest B, stating that “I will see what I will see,” and the F had been able to arrest B; and (c) the chest part of F had been tightly assaulted on two occasions by hand.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning the prevention, suppression and investigation of crimes.

Summary of Evidence

1. Defendants’ respective legal statements

1. The police statement concerning F;

1. G statements;

1. On-site photographs;

1. 112 Reporting case management table;

1. The E-district work site;

1. A fire-proof report (verification of CCTV images at the site) and a photograph by capturing CCTV images;

1. Application of statutes governing on-site CCTV CDs;

1. Relevant provisions concerning criminal facts and the Defendants who choose punishment: Article 136 (1) of the Criminal Act;

1. Defendants in the custody of a workhouse: Articles 70(1) and 69(2) of the Criminal Act

1. Defendants of the provisional payment order: The following conditions for sentencing under Article 334(1) of the Criminal Procedure Act, and other conditions for sentencing indicated in the records, such as the Defendants’ age, occupation, character and conduct, family relationship, and circumstances before and after the commission of the crime.