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(영문) 서울중앙지방법원 2017.07.06 2017고단2061
공무집행방해등
Text

Defendant shall be punished by a fine of 12,000,000 won.

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

Reasons

Punishment of the crime

1. On March 22, 2017, from around 22:00 to around 01:00 of the same month, the Defendant was unable to avoid disturbance at approximately two hours, including: (a) the Defendant, at the “F” restaurant operated by the victim E (W, 64 years old) in Gwanak-gu in Seoul Special Metropolitan City; (b) the Defendant took a bath for the customers who were seated in the seat under the influence of alcohol, and (c) the Defendant was able to bring a disturbance for about two hours, such as making a bread by drinking.

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

2. On March 23, 2017, at around 01:00, the Defendant: (a) was requested to return home from the Defendant at the above place; (b) on several occasions from the Defendant, a slope H and policeman belonging to the Seoul Gwanak-gu Police Station G District; and (c) on the contrary, the Defendant was requested to return home from the Defendant, who was called up after receiving the report 112; and (d) on the contrary, the Defendant was requested to the

“I,” and “I, you wish to die.”

“In the case of a police”, “in the case of a police

“A person who renders his/her behavior continuously, such as passing sound.”

Accordingly, H and I tried to arrest the defendant as an offender in the act of interference with his duties, and the defendant spits the face of H and I, spits the face of H and I once due to a spits, and uses the body of H in such a way as to interfere with I's body.

Accordingly, the defendant interfered with the above police officers' legitimate performance of duties concerning handling of 112 reports, crime prevention and investigation.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to I and H;

1. E statements;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 314(1) of the Criminal Act applicable to the facts constituting an offense (the point of interference with business) and Article 136(1) of the Criminal Act (the point of interference with the performance of public duties);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each alternative fine for punishment;

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 is that each of the instant crimes was committed at the same time during the period of suspension of execution, and that each of the instant crimes was punished several times for violent crimes.

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