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(영문) 인천지방법원 2014.05.15 2014고단2189
공무집행방해등
Text

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

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

Reasons

Punishment of the crime

1. On March 16, 2014, at around 21:00, the Defendant interfered with the business, by force, interfered with the instant victim’s main business by force, such as, within the main point of “E” operated by the victim D, in Seo-gu Incheon, Incheon, by the victim D, while drinking alcohol together with his/her own movements, taking a large amount of vision, and raising beer disease on the floor, etc., leading to a disturbance between about 30 minutes of the disturbance, such as leaving customers in the business place.

2. On March 16, 2014, the Defendant interfered with the performance of official duties by assaulting the Defendant, at the above main point, on the ground that the Defendant and his/her behaviors were frightencing, thereby obstructing the Defendant’s legitimate performance of duties concerning the maintenance of public order by assaulting him/her, such as: (a) the defect that G, a police officer belonging to the F District Unit of the Incheon Western Police Station, sent out after being reported 112 on the ground that he/she was frightencing the disturbance; and (b) the said G, “F District frighting out of the main place;” and (c) the said G, stating that he/she “Y frighting out of the main place; and (d) the said G,

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to G and D

1. Relevant Article 136(1) of the Criminal Act, Article 314(1) of the Criminal Act, and the choice of each fine for the crime;

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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