(영문) 서울동부지방법원 2019.01.04 2018고단622

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(영문) 서울동부지방법원 2019.01.04 2018고단622

공무집행방해등

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

1. On January 12, 2018, at around 23:00, the Defendant: (a) placed a “D” restaurant operated by the victim C in Gangdong-gu Seoul Metropolitan Government; (b) ordered the victim to pay the alcohol value, etc.; and (c) ordered the Defendant to do so; (c) but (d) in fact, the Defendant did not have any money collected separately in addition to being able to make a day-to-day and live in a day-to-day park; and (d) thus, the Defendant did not have any intent or ability to pay the said price even if he was provided with alcohol, alcohol, etc. by the victim.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) provided 32,000 won from the victim, and he did not pay the price, thereby acquiring pecuniary benefits equivalent to the same amount.

2. At around 03:30 on January 12, 2018, the Defendant refused to answer questions to verify facts and to present identification cards from the police officer of the Seoul Gangnam Police Station E-gu, Seoul, who was called upon a notification of 112 that the customer does not food and drink, and asked questions to verify facts and requests to present identification cards from G and the police officer, at the place indicated in paragraph (1) at around 03:30 on January 12, 2018, and obstructed the G’s shoulder that requires the presentation of identification cards by hand.

Accordingly, when F requires the defendant to present again his identification card, the defendant expressed F to F that "I am to see this dog, we am to see, I am to see, I am to am to am to am to am to am to am to am to am to am to am to am to am to am to am to am to am to am to am to am to am to am to am to am to s

As a result, the Defendant interfered with police officers' legitimate performance of duties concerning the handling of 112 reported cases and arrest of flagrant offenders.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning F;

1. C’s statement;

1. Each investigation report (No. 5,6).

1. Application of the Acts and subordinate statutes on photographs and CCTV images CDs;

1. The corresponding provisions of the Criminal Act concerning criminal facts; and

참조조문

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