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(영문) 수원지방법원 안양지원 2017.09.27 2017고단1256
공무집행방해등
Text

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

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

Reasons

Punishment of the crime

1. On July 12, 2017, the Defendant obstructed the victim’s restaurant business by force for approximately 20 minutes, including, but not limited to, drinking at the “D cafeteria” operated by the victim C in Ansan-si, Annyang-si, Annyang-si, where he was under the influence of alcohol and talked to E, who is an employee, only said E, only said Defendant.

2. The Defendant interfered with the performance of official duties at around 12:05 on the same day as the above 12:05 day, and was recommended by the Anskne G belonging to the Eskne G of the police station in Ansan-gu, the Gekne part of the Akne G, which was sent to the site after receiving a report of 112 at the places listed in the above 12:05, and only once, the Defendant met the Defendant with Hakne part of the Akne G in his hand.

As the Defendant was removed from the Defendant’s position, the police officer Ha was strongly tightly tightly tightly boomed with the floor of hand, and Ha was assaulted against the Defendant.

As a result, the Defendant interfered with the legitimate execution of duties of police officers concerning the handling of reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. A E-document;

1. An investigation report (to attach image data CDs that hinder business operations);

1. Application of the Acts and subordinate statutes to the victim (H) photographs;

1. Relevant Article 314(1) of the Criminal Act, Article 316(1) of the Criminal Act (the point of interference with business), Article 136(1) of the Criminal Act (the point of interference with the performance of public duties), and the selection of fines for the crime;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act is flexible - the unfavorable circumstances: the circumstances and contents of the crime, the degree of assault against police officers, and the circumstances before and after the crime, etc. of the crime - the most favorable circumstances: The defendant reflects the mistake, and there is no other criminal record such as the same criminal record, in addition to the two times of the fine, and the obstruction of business.

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