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(영문) 의정부지방법원 2017.01.11 2016고단4781
공무집행방해등
Text

Defendant shall be punished by a fine of KRW 13,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On November 11, 2016, the Defendant obstructed the victim’s restaurant business by force over about 30 minutes, such as: (a) around 21:00, at the “E” restaurant operated by the victim D (49 ) of the Guri-si, the victim D (49 ); (b) at around 21:00, the victim Dari-si, with five juncing and having a large sound with the customer; (c) subsequently, the victim requested the victim to stop acting as an agent; and (d) the proxy driver went outside and outside of the restaurant on about five occasions; (d) the victim got a city fee to other customers; and (e) having the victim drink with drinking alcohol, thereby obstructing the victim’s restaurant business by force.

2. On November 11, 2016, the Defendant who interferes with the performance of official duties is urged to return home from a slope G belonging to the G of the Gyeonggi-gu Gyeonggi Police Station in the field after receiving a report of disturbance 112 at the place described in paragraph (1) at around 22:00, as described in paragraph (1) at around 11, 2016, to return home.

Before having expressed a bath on several occasions, it was assaulted, such as cutting off the arms of slope G that solicits returning home, cutting down the body of a slope G that solicits returning home.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reports.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect of the accused;

1. Statement of the police statement related to G;

1. Written statements of D;

1. Each investigation report (the fact-finding, investigation, etc. of the damage inflicted by the counter party to the victim D, the fact-finding of the vision of the market - the vision photo of the market - the vision picture and the vision image screen);

1. Application of Acts and subordinate statutes to notify the 112 Report Processing List, and the 112 Report-Related Department;

1. Relevant legal provisions of the Criminal Act, Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties), Article 314(1) of the Criminal Act (the point of obstructing duties) and the selection of each fine with regard to the facts of crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Article 334(1) of the Criminal Procedure Act provides that a provisional payment order shall be issued.

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