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(영문) 서울남부지방법원 2020.04.08 2019고단5159
공무집행방해등
Text

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

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

Reasons

Punishment of the crime

1. On July 14, 2019, at around 05:38, the Defendant, who did not comply with the withdrawal, received a demand to change the business interference from an employee in his name in the name of the victim C, who was under the influence of alcohol, while under the influence of alcohol at a “D” restaurant operated by the victim C located in Yeongdeungpo-gu Seoul Metropolitan Government.

However, the defendant does not comply with it, but does not leave the victim's place until he is arrested by the police officer who was dispatched by the report of the victim at around 06:10 on the same day, and without any justifiable reason, until he is arrested as a flagrant offender.

The Gu refused to comply with the Gu.

2. The Defendant violated the Punishment of Minor Offenses Act by ordering the victim C to food at the time and place specified in paragraph (1), and by failing to pay the price without justifiable grounds, even though he/she was provided with a swine kimchi of an amount equivalent to KRW 6,000 in the market price.

Accordingly, the defendant did not pay a certain value without justifiable reasons after eating food sold by others.

3. The Defendant received and dispatched a report of 112 years of age from the date, time and place specified in paragraph (1) of this Article, and solicited police officers from E (30 years of age) of the Seoul Young Military Police Station, etc. to calculate food value and return home, and accessed police officers called “Cexpule” in response to the above E, etc., and assaulted the chest part of the above E with his knife and knife with his knife.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning 112 reports.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. C’s statement;

1. Application of statutes governing the place of work;

1. Relevant Article 136(1) of the Criminal Act; Article 136(2) and (1) of the Criminal Act; Article 319(2) of the Criminal Act; Article 319(1) of the Punishment of Minor Offenses Act; Article 3(1)39 of the Punishment of Minor Offenses Act; and the selection of each fine for a crime;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;

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