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(영문) 창원지방법원 2013.11.05 2013고정1052
공무집행방해
Text

1. The defendant shall be punished by a fine of five million won;

2. 50,000 won where the defendant does not pay the above fine.

Reasons

Punishment of the crime

On April 7, 2013, around 05:30 on April 7, 2013, the Defendant sought to return home with the knowledge of the fact that he does not have any other scam and to have any other scam that he does not have any other scams while drinking together with D, E, etc., which are located on the second floor of Jinhae-gu Seoul Special Metropolitan City B.

However, the F, the owner of the business, was to calculate the drinking value to the defendant, but the F, the owner of the business, did not give the drinking value, so that the F, a report to the police, was made.

A police box, a police officer, recommended the Defendant to present his/her identification card and pay his/her drinking value. However, the Defendant committed assault to the above H, such as: (a) he/she refuses to present his/her identification card; (b) he/she does not want to do so; (c) he/she does not calculate his/her drinking value; (d) he/she does so with the intention of doing so; and (c) he/she sucks his/her chest part of his/her chest in both hands.

Accordingly, the Defendant interfered with the legitimate performance of duties by police officers who were in the process of handling and investigating reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. A H statement;

1. Application of statutes on site photographs;

1. Relevant Article of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment;

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

3. It is so decided as per Disposition for the reason under Article 334(1) of the Criminal Procedure Act above.

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