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(영문) 대전지방법원 천안지원 2016.04.08 2016고단69
공무집행방해등
Text

The sentence against the accused shall be set forth as a fine of four million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. On November 21, 2015, the Defendant obstructed the victim’s operation of the restaurant by force by avoiding disturbance for about 20-30 minutes, such as drinking alcoholic beverages at a “D” restaurant operated by the victim C located in Nam-gu, Nam-gu, Chungcheongnam-gu, Seoul, and drinking alcoholic beverages at the place, drinking alcoholic beverages again, and driving alcoholic beverages again at the above restaurant. However, the victim refused it, thereby refusing it, thereby obstructing the victim’s operation of the restaurant by force.

2. On November 21, 2015, the Defendant interfered with the performance of official duties at the “D” restaurant as indicated in paragraph (1) around 15:43 on November 21, 2015, and obstructed a police officer’s legitimate performance of duties concerning the handling of the report case by 112 after having received a report of 112 that the Defendant was going to a disturbance, namely, F of the circumstances and F of the police box belonging to the Donannam Police Station E box, Donannam Police Station, and slope G, who recommended the Defendant to file and return to the Republic of Korea.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of C and G;

1. 112 Reporting case handling table;

1. Application of statutes on site photographs;

1. Relevant legal provisions of the Criminal Act, Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties), Article 314(1) of the Criminal Act (the point of obstructing the performance of official 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 reason for sentencing of Article 334(1) of the Criminal Procedure Act requires the elimination of the public authority and the establishment of legal order, the degree of the crime of this case is relatively heavy, the defendant recognizes and reflects the crime of this case, the defendant has no record of criminal punishment except for the minor fine in 1994, the victim of the crime interfering with the business of this case does not want the punishment of the defendant by mutual agreement with the victim of the crime of interference with the business of this case and other records of this case such as the defendant's age, sex, environment.

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