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(영문) 의정부지방법원 고양지원 2018.03.30 2018고단222
공무집행방해등
Text

Defendants shall be punished by a fine of three million won.

If the Defendants did not pay the above fine, only 100,000 won.

Reasons

Punishment of the crime

The Defendants, as a matter of course, had been aware of the common sense, were engaged in drinking together in the ‘D’ restaurant in Gyeyang-gu, Soyang-gu, Suyang-gu.

1. On November 20, 2017, the Defendant: (a) received a request from the police officer F to state the situation at the time on the road in front of the above D cafeteria; (b) on the 112-round November 2017, the Defendant: (c) received a request from the police officer F of the Goyang Police Station E District; (d) provided that the police officer affiliated with the above D cafeteria, including G, who is the operator of the above D cafeteria, was able to state the situation at the time; and (e) took a bath to the police officer of the same district as the above F, “C erop, kine, kine,” and used the shoulder part of the above F, thereby harming the Defendant’s body part above H’s body.

Accordingly, the Defendant openly insulting F and H, and interfered with the police officer’s legitimate execution of duties concerning the handling of 112 reports.

2. Defendant B, at the time and place described in paragraph 1, expressed that the above F was about to hear statements from A, and that there were many unspecified traffic persons, including G, who is an operator of the above D restaurant, and expressed to the above F and the above H “C f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f

Accordingly, the Defendant openly insulting F and H, and interfered with the police officer’s legitimate execution of duties concerning the handling of 112 reports.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made with respect to H and F;

1. G statements;

1. Each complaint;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 136 (1) of the Criminal Act and Article 311 of the Criminal Act concerning the facts constituting an offense (a point of obstructing the performance of official duties) of the same Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (within the scope of the total amount of concurrent crimes);

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

1. The Criminal Procedure Act of the Provisional Payment Order.

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