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(영문) 서울서부지방법원 2013.06.25 2012고단1332
공무집행방해등
Text

A fine of two million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. On June 6, 2012, from around 23:30 to 01:00 the following day, the Defendant obstructed the Defendant’s business operation of the victim’s restaurant in the “D” restaurant operated by the victim C (n, 63 years of age) located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul. Without any reason under the influence of alcohol, the Defendant, without any reason, expressed the said restaurant’s employee E to “Y Y Y Y Y YY YY YY YY YYY YY YY YY YY YY YYY YY YYY YYY YYY YYY YYY YYY YYY YYY YYY YY YY YY YY YY YY YY YY YY YY YY YY

2. The Defendant interfered with the performance of official duties by a police officer regarding the suppression and prevention of a police officer’s crime, such as taking the clothes of G(26 years of age), a police officer belonging to the Seoul Western Police Station, who received a report at the above date and at the above place, and taking a bath to the said G at the front of Seodaemun-gu Seoul Western Police Station on one occasion at around 02:00 on the same day, and taking a bath to the said G, and assaulting the victim’s bridge part on one occasion, and obstructing the police officer’s legitimate performance of official duties.

Summary of Evidence

1. Each protocol concerning the examination of the suspect against the defendant;

1. Each police statement to G and E;

1. Application of Acts and subordinate statutes of each investigation report;

1. Relevant Article 314(1) and Article 136(1) of the Criminal Act concerning criminal facts, the choice of punishment, and the selection of fines;

1. Concurrent crimes: the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act;

1. Detention in a workhouse: It is so decided as per Disposition for the reasons under Articles 70 and 69 (2) of the Criminal Act;

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