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(영문) 부산지방법원 동부지원 2014.08.20 2014고단740
공무집행방해등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. On April 8, 2014, at around 21:45, the Defendant damaged a 'D' restaurant operated by the victim C in Busan, Daegu, Busan, by drinking alcohol with the entrance and exit on the wall of the public restaurant, which is located on the market price (2.5m, 1.2m in length) of the entrance and exit of the entrance and exit on the wall of the hole, by drinking alcohol at the 'D' restaurant operated by the victim C in Busan, Daegu, Daegu, without suppressing the appraisal as a performance with the previous female-friendly premises.

Accordingly, the Defendant destroyed the property of others as above.

2. On April 8, 2014, from around 21:45 to 22:00 the same day, the Defendant: (a) from around 21:45 to around 22:00 on the same day, the Defendant was prohibited from allowing customers to enter the said restaurant for about 20 minutes, such as having an unspecified customer fright to walk, due to the disturbance, such as shouldering the glass as above.

Accordingly, the Defendant interfered with the business of the restaurant by force as above.

3. On April 8, 2014, the Defendant committed assault to F on the ground that he/she received a 112 report at the above restaurant and received a removal from F of the police officer F belonging to the Shipping Police Station E-district forces of the Korea Shipping Police Station E-district, who was called for, and received a 112 report, such as “Chewing franchis”, taking a bath, and taking the face of F in drinking.

Accordingly, the defendant interfered with the legitimate performance of duties by police officers on the prevention, suppression, and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol to F and C

1. Relevant Article 136(1) of the Criminal Act, the choice of punishment for the crime, Article 136(1) of the Criminal Act, Article 314(1) of the Criminal Act, Article 366 of the Criminal Act, and the choice of fines, respectively;

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

1. Considering the fact that the reason for sentencing under Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014) is not good, strict punishment against the defendant is required.

However, the defendant himself.

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