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(영문) 부산지방법원 2016.12.15 2016고단6336
공무집행방해등
Text

1. The defendant shall be punished by imprisonment for six months and a fine of six hundred thousand won;

2. The defendant does not pay the above fine.

Reasons

Punishment of the crime

1. On October 14, 2016, the Defendant: (a) around 23:20 on October 14, 2016, 2016, at the “D” restaurant operated by the victim C in the Geum-gu, Busan, the Defendant: (b) expressed his desire to the customers at the “D” restaurant; (c) took the large voice, “Is the bitbit of a bitch bitch, bitch,” and (d) laid the bit of the disturbance, such as following the table, leaving the bitle, and cutting the bitle, and interfered with the victim’s restaurant business by force for about 30 minutes.

2. The Defendant sent to the scene after receiving a report on the date and time, place, 112, and arrested the Defendant as a flagrant offender, and assaulted the face of F in the circumstances belonging to the Busan F District Police Station E zone to arrest the Defendant as a flagrant offender at the scene, one time as a hand floor, and sealed the body of G police officers belonging to the same patrol group.

Accordingly, the defendant interfered with the proper execution of duties of police officers on the maintenance of order and crime control.

3. Around 00:10 on October 15, 2016, the Defendant, under the influence of alcohol at the Busan Franchi Police Station E district located in Geum-gu Busan, the Busan Franchiscing Police Station, H, expressed the police officers with a large amount of desire for a disturbance for about one hour, and led them to a very rough and disorderly horse and behavior at the government office, while under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C, F, and G;

1. A written statement of I;

1. Application of Acts and subordinate statutes to investigation reports (field situations, etc.);

1. Relevant provisions of Article 314 (1) of the Criminal Act (a point of interference with business), Article 136 (1) of the Criminal Act (a point of obstruction of performance of official duties), and Article 3 (3) 1 of the Punishment of Minor Offenses Act (a point of the disturbance of official duties) concerning the crime;

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. A fine for a violation of the Punishment of Minor Offenses Act which choose a sentence, and a sentence of imprisonment for the remaining crimes, shall be chosen respectively;

4. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and 3, and Article 50 of the Criminal Act;

5. The Criminal Act for the Attraction of Labor House;

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