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(영문) 청주지방법원 제천지원 2015.06.25 2015고단230
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months and a fine of one hundred thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. On May 17, 2015, the Defendant violated the Punishment of Minor Offenses Act without justifiable grounds, such as: (a) around 04:35, the Defendant did not set a value at the Fing shop operated by the Victim E at Incheon City, for the following reasons: (b) even though he/she was provided with alcoholic beverages equivalent to KRW 660,000,000, such as two-way three diseases, from the victim; (c) but (d) he/she had been provided with alcoholic beverages equivalent to KRW 6

2. The Defendant: (a) reported at the date, time, place, and place specified in Paragraph (1) of the obstruction of performance of official duties, and (b) reported that “any person who has left the place without paying the alcohol value and has taken flight,” and (c) on the ground that the circumstances belonging to the G District at the Y District at the Y District at the Incheon Police Station G District at the site, which was called “marb, ma, and chrone” brought about one time a part of the right part of H’s right part in drinking.

Accordingly, the defendant interfered with legitimate execution of duties concerning the dispatch of a police officer's report.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and H;

1. Investigation report (suspect's daily behaviors, telephone conversations, etc.);

1. Copy of a receipt;

1. Application of statutes on field photographs;

1. Relevant provisions of the Punishment of Minor Offenses Act and Article 3 (1) 39 of the Punishment of Minor Offenses Act (hereafter referred to as "unauthorized crime"), and Article 136 (1) of the Criminal Act (the point of obstructing performance of official duties and the choice of imprisonment);

1. The former part of Article 37 and Article 38 (1) 3 of the Criminal Act for the punishment of concurrent crimes;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The defendant's act of taking the part of the police officer's act of taking the reason for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order is very unfavorable to the defendant, and the defendant confessions the crime of this case and reflects it, and the fact that the defendant has no criminal record of the suspension of execution or more is favorable to the defendant.

The records and arguments of this case, including the above circumstances.

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