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(영문) 춘천지방법원 강릉지원 2013.10.01 2013고정341
공무집행방해등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. On March 9, 2013, the Defendant, at around 22:30 on March 22, 2013, was able to take a bath by: (a) a person who was requested by the victim C (hereinafter “D cafeteria”) to “under the influence of alcohol,” while drinking alcohol in D cafeteria operated by the victim C (hereinafter “D cafeteria”); (b) a person was able to take a bath by using a large voice for other customers in the cafeteria; and (c) a person was able to take a bath by drinking the said victim; and (d) the victim was able to take a bath at around 1 hour, including reclamation, weather, and life.

Accordingly, the defendant interfered with the victim's restaurant business by force.

2. The Defendant was urged to return home from F slope(the age of 43), a police officer belonging to the E District Police Station of the East Sea Police Station E District (the age of 43) who received a report at the time and place mentioned in the above paragraph (1). The Defendant expressed a bath to F, and was able to catch the above F F’s candles with both hand.

Accordingly, the defendant interfered with legitimate performance of duties such as field exit work of F.

Summary of Evidence

1. Statement to C by the police;

1. A written statement;

1. Application of Acts and subordinate statutes to photographs at the time of damage;

1. Articles 314(1) and 136(1) of the Criminal Act concerning the relevant criminal facts (the point of obstruction of performance of official duties and the choice of fines) of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act (Aggravation of more severe punishment for concurrent crimes with business as provided for in the Act on Business Interference);

1. Articles 70 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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