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(영문) 서울북부지방법원 2014.12.09 2014고정2560
특수공무집행방해등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. Around 02:20 on October 13, 2013, the Defendant insultd the victim by openly insulting “C” at the main point of “C” located in Jung-gu Seoul, Jung-gu, Seoul. At the same time, the Defendant received a 112 report that she gets a large amount of desire on the job of another customer, such as smoking, smoking, and drinking a disturbance, etc., while drinking at the seat above the seat, and received the 112 report that she would have fright away from the seat of the other customer, and recommended the victim’s security guards belonging to the Jung-gu Police Station E box of Jung-gu, which called “I wish to sing to sing to sing off it. I will do so.”

2. Special obstruction of performance of official duties by the Defendant: (a) at the same time and place as above, the victim tolds that he would be punished as a crime of insult; (b) and (c) assaulted the beer’s disease, which is a dangerous object, to the victim’s head, thereby preventing the victim from doing so; and (d) obstructed the police officer’s legitimate performance of duties concerning crime prevention and arrest of flagrant offenders.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Written statements prepared in D;

1. Application of Acts and subordinate statutes to pictures of beer;

1. Relevant Article 311 of the Criminal Act, the choice of punishment for the crime, Article 311 of the Criminal Act, Articles 144 (1) and 136 (1) of the Criminal Act (the point of obstructing performance of official duties carrying dangerous articles), and the choice of fines;

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. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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