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(영문) 부산지방법원 2016.12.22 2016고단6334
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months and by a fine of thirty million won.

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

Reasons

Punishment of the crime

1. Around 00:00 on October 15, 2016, the Defendant assaulted the victim’s on the ground that the victim D (years 37) in the Geum-gu, Busan does not sell alcoholic beverages in the “E” restaurant operated by the victim D (years 37).

2. The Defendant interfered with business by drinking at the time, place, and so on, the date and time set forth in paragraph 1, and in place so that customers in the said restaurant may not enter the said restaurant by making the customers entering the restaurant, such as “to ice ice ice ice ices, rings,” and allowing them to out the restaurant, thereby interfering with the victim’s restaurant business by force for about seven minutes.

3. On October 15, 2016, the Defendant, who violated the Punishment of Minor Offenses Act, expressed a desire to the police officer for about 40 minutes, such as “I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, while under the influence of alcohol, I am or am, by very rough words or actions at a public office.

4. On October 15, 2016, around 02:30 on October 15, 2016, the Defendant: (a) arrested the F Office of the Busan Geum-gu Police Station located in 1819 as a flagrant offender for the same criminal facts as stated in paragraphs (1) and (2); and (b) assaulted the Defendant, i.e., flying the line of the mitigation G belonging to the above police station, in order to have the Defendant correct the Defendant while taking a bath.

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

Summary of Evidence

1. Defendant's legal statement;

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

1. Article 260(1) of the Criminal Act (the point of violence, the choice of imprisonment), Article 314(1) of the Criminal Act (the point of interference with business, the choice of imprisonment), Article 3(3)1 of the Punishment of Minor Offenses Act (the term "Act on Punishment of Minor Offenses"), and the period of cancellation of the order at government offices.

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