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(영문) 춘천지방법원 강릉지원 2018.11.22 2018고단943
공무집행방해등
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On August 8, 2018, the Defendant: (a) obstructed the Defendant: (b) obstructed the Defendant from entering the 30 minutes of a disturbance of approximately 30 minutes, e.g., under the influence of alcohol, by avoiding the disturbance of the victim C; (c) obstructed the Defendant from getting out of, or getting out of, the said place of customers; and (d) obstructed the Defendant from entering the said place.

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

2. The Defendant interferes with the performance of official duties at the place indicated in paragraph (1) around August 8, 2018, where “any person interferes with his/her business.”

“The” means that the police officer F of the Samj Police Station E box, who received a report 112 and demanded the Defendant to return to the scene and return him/her to the scene, called “Ne the same,” and the police officer F at one time by his/her hand.

As a result, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement with respect to C and F;

1. Six copies of the related photographs; and

1. 112 Application of the Acts and subordinate statutes governing the table of reported case settlement;

1. Relevant legal provisions of the Criminal Act, Articles 314(1) and 136(1) (a) of the Criminal Act (a point of interference with the performance of official duties) concerning criminal facts, the choice of fines, respectively;

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. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: The circumstances favorable to the fact that a crime of abusing violence against police officers requires strict punishment: The victim C does not want the punishment of the defendant; the first offender is the defendant's age, sex, sex, environment, health conditions, motive, means and consequence of the crime; and the circumstances before and after the crime are determined as ordered by the order, comprehensively taking into account the following circumstances.

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