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(영문) 의정부지방법원 2015.04.28 2014고단3394
업무방해등
Text

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

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

Reasons

Punishment of the crime

On July 3, 2014, the Defendant: (a) around 00:00, when drinking alcohol at the E main point of the victim D’s operation in Macheon-si, the Defendant: (b) had customers, who had been involved in the disturbance, take a walk while drinking alcohol; (c) had them enter into a dispute; (d) had them go beyond the string of the spath and the spath of the spath; and (e) had them talk with the victim’s restaurant business.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Each legal statement of witness D and F;

1. A protocol of suspect examination of G police officers;

1. Application of statutes on site photographs;

1. Relevant Article 314 (1) of the Criminal Act and Article 314 (1) of the choice of punishment for the crime (the selection of a fine and the determination of the amount thereof shall be made in consideration of the fact that there is no record of punishment for the same crime, and the fact that the victim

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

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order

1. The summary of this part of the facts charged is as follows: (a) on July 3, 2014, the Defendant: (b) on the street in front of the Ejum of the operation of the D in Macheon-si, Macheon-si; (c) on the 112 report of the Defendant’s disturbance; and (d) on the Hancheon-gu, Macheon-gu, Hancheon-gu, H Zone Ha, dispatched by the Defendant after receiving a report of the Defendant’s disturbance, left the I’s chest with the defect that the Defendant attempted to arrest the Defendant

Accordingly, the defendant interfered with the police officer's 112 report handling and arrest of flagrant offenders.

2. The crime of obstruction of the performance of official duties under Article 136 of the Criminal Act is established only when the performance of official duties is legitimate. Here, legitimate performance of official duties refers to not only the abstract authority of a public official, but also the case meeting the legal requirements and methods for specific performance of official duties.

Although police officers failed to meet the requirements for arrest of flagrant offenders, if they want to arrest flagrant offenders with real force, they can not be said to be legitimate performance of official duties.

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