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(영문) 대전지방법원 2020.12.17 2020고단4163
공무집행방해등
Text

1. Defendant shall be punished by a fine of KRW 9,000,000.

2. Where the defendant does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

1. On August 12, 2020, the Defendant causing property damage: (a) around 20:30 on August 12, 2020, the victim took a heavy drinking water on the Defendant’s D restaurant operated by the victim C, which was located in Daejeon Seo-gu B; (b) subsequently, the cafeteria was defective and the cafeteria was sold twice as a drinking to the Defendant, and then the cafeteria was destroyed by breaking up one empty beer in an amount equivalent to KRW 500 in the market value in that place.

2. On August 12, 2020, the Defendant committed an act of obstruction of performance of official duties: (a) on the street of the above restaurant on August 21, 2020, the Defendant: (b) on the street of the restaurant, the Defendant: (c) on the 112 notification that the Defendant f of the 1112 notification that the Defendant scam in the restaurant, sent to the restaurant, and (d) obstructed the Defendant; and (b) on the part of the police station affiliated with the Daejeon Pream Police Station Escam, the police station Escam, the scambling, the scambling, and the public official scambling, the Defendant scam the above F while scambling the Defendant, the scambling the Defendant, the scambling the Defendant

Accordingly, the defendant interfered with the legitimate execution of official duties of police officers regarding the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F and H;

1. A written statement prepared in C;

1. Investigation report (on-site photographing and CCTV image data);

1. The service log of the E box;

1. Ef a photograph of damaged video images and the head of a closure;

1. Application of statutes on site photographs;

1. Article 136 (1) of the Criminal Act and Article 366 of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the punishment prescribed for the crimes of obstruction of performance of official duties against each other, and the punishment against F with heavier punishment);

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with punishment stipulated for the crimes of obstruction of performance of official duties heavier than punishment);

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 is to prevent the execution of official duties by violence.

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