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(영문) 수원지방법원 2017.09.07 2017고단4708
공무집행방해등
Text

The prosecution of this case is dismissed.

Reasons

1. Summary of the facts charged

A. On July 1, 2017, the Defendant obstructed the victim’s restaurant business for about 40 minutes by avoiding disturbance by putting the disturbance “the president B Nara” without any justifiable reason while drinking in D operated by the victim C in the wife population B, which is around 17:00 on July 1, 2017.

B. On July 1, 2017, the Defendant: (a) around 17:40 on July 1, 2017, when the Defendant reported that he would avoid disturbance as described in the foregoing paragraph (a) and requested the Defendant to return home, the Defendant: (b) sent the police box F to the police box affiliated with the E police box called out after receiving a report of 112 that he would bring about F’s face.

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention, suppression and investigation of police officers' crimes.

2. The fact that the Defendant died on July 14, 2017, which was before the instant indictment was instituted, is apparent in the record. As such, the procedure for institution of public prosecution of this case constitutes null and void in violation of the provisions of law.

Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 2 of the Criminal Procedure Act. It is so decided as per Disposition.

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