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(영문) 대전지방법원 서산지원 2015.04.09 2014고정355
공무집행방해등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. At around 04:20 on June 11, 2014, the Defendant interfered with business, at the Seosan City, and at the south 2nd floor of the soup Dobryp room, the Defendant drupeed two male customers on his name and frying, brying, and brying, the victim E, the main business owner of which frys and brys the disturbance, thereby spreading the victim’s bathing room, such as “the victim flick flick, Chinese flick, and dead flick,” and interfered with the victim’s bathing business by force for about 35 minutes, such as flishing his flick, etc. from May of the same day.

2. On June 11, 2014, the Defendant, at around 04:55, received a report that “the frying person fright fright fright fright fright fright fright fright fright fright fright fright fright fright fright fright fright fright fright fright fright fright fright fright fright fright fright fright fright fright fright fright fright fright fright fright fright fright fright fright fright fright fright fright fright fright fright fright

Therefore, the defendant interfered with G's performance of official duties without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to G and E;

1. Application of statutes on site photographs;

1. Relevant Article 136(1) of the Criminal Act, Article 314(1) of the Criminal Act, and the choice of each fine for the crime;

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order reflects the instant crime, and even though it is deemed that the extent of the use of violence is minor, the Defendant is able to take a bath to the victim E and soup users while drinking alcohol, and the police officers dispatched upon receiving a report, and the nature of the crime is not good by exercising violence, as well as the motive and circumstance of the instant crime, circumstances after the crime, and degree of damage.

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