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(영문) 광주지방법원 2014.04.24 2013고단5427
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months and a fine of 1,00,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. On September 17, 2013, the Defendant: (a) around 21:25, at around the main point of “D” located in Seo-gu, Seo-gu, Gwangju; (b) stated that the police officer of the Seo-gu Police Station E-gu, Gwangju sent out after receiving a report of 112 on September 17, 2013 in front of the main point of “D” located in Seo-gu, Gwangju; (c) laid down the Defendant’s wall on the floor; (d) laid down the Defendant’s wall on the ground; and (d) cut off the Defendant’s shoulder on the hacked hand; and (e) cut off the Defendant’s shoulder on the hacked hand; and (e) laid down the Defendant’s shoulder on the hacked hole, she considered “W swe swe swe swe swe swe swe swe swe swe swe swe swe swe swe s.”;

Accordingly, the Defendant interfered with the legitimate performance of duties by police officers G on the handling of 112 reported cases.

2. The Defendant, from around 20:40 on September 17, 2013 to 21:00 on the same day, 2013: (a) the victim H (n, 47 years old) who was a business owner in Gwangju Seo-gu, expressed the victim’s desire on the ground that she did not her he/she did not her own path; (b) the Defendant was her talked with the victim; and (c) the Defendant was her talked on the part of the customer who her talked with his/her singing; and (d) he/she was her talked with him/her on the part of the customer who her talked with his/her singing on the part of the customer who her

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

Summary of Evidence

1. Partial statement of a witness I;

1. Statements made by G and H in the third protocol of trial;

1. A protocol concerning the examination of partially the defendant's suspect (2013 high-level 2263);

1. Application of report on the arrest of a person suspected of committing an offense of obstruction of the performance of official duties, on-site photographs, and on-site photographing statutes;

1. Article applicable to criminal facts;

(a) Obstruction of performance of official duties: Article 136(1) of the Criminal Act;

(b) Interference with business: Article 314 (1) of the Criminal Act; Selection of fines;

1. Of concurrent crimes, the former part of Article 37 and Article 38 (1) 3 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 62 (1) of the Criminal Act;

1. The crime of interference with business of sentencing Article 334(1) of the Criminal Procedure Act is selected, and the defendant has agreed with the victim, and the defendant is actively fighting.

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