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(영문) 수원지방법원 2020.06.10 2020고단1497
업무방해등
Text

Defendant shall be punished by a fine of 6 million won.

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

Reasons

Punishment of the crime

1. At around 23:30 on February 15, 2020, the Defendant obstructed the operation of the convenience store of the victim by force for about 10 minutes by avoiding the disturbance, such as the breath of the beer who was under the influence of alcohol while being in a cooling without calculating the beer who was in a cooling, and the breath of the victim while being being being in a cooling.” The Defendant obstructed the operation of the convenience store of the victim by force for about 10 minutes.

2. Performance of official duties;

A. On February 15, 2020, at around 23:55, the Defendant: (a) committed assault by the police officer F, who was a police officer of the Yeongdeungpo-dong Police Station Estation, dispatched after receiving a report of 112 at the above location; (b) and the police officer, who was demanded to return home from G, on two occasions; and (c) committed assault by the police officer, such as the police officer, who was a police officer of the Yongsan-dong Police Station Estation, and the police officer, who was in the right back of G, one time, and obstructed the police officer’s legitimate execution

B. Around 01:10 on February 16, 2020, the Defendant was arrested and detained as a flagrant offender of the facts described in the above paragraph (a) in the E box located in the wife population H, and took custody of the Defendant, and subsequently, the Defendant obstructed the police officer’s legitimate execution of duties in relation to the carrying-over of the flagrant offender by assaulting the Defendant, who was female at the toilet, twice in his hand, the face of I of the defect that I would like to take the lock back by the police box affiliated with the above police box, such as sending the buckbbbucks to it.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the I, F, and G;

1. C’s statement;

1. Application of Acts and subordinate statutes to investigation reports (as to the verification of field CCTV images);

1. Article 314 (1) of the Criminal Act and Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Mutual Crimes of Obstruction of Performance of Official Duties, dated February 15, 2020)

1. Selection of each alternative fine for punishment;

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

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

1. The Criminal Procedure Act;

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