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(영문) 의정부지방법원 2014.09.02 2014고단1907
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. Around 14:10 on May 24, 2014, the Defendant violated the Punishment of Violences, etc. Act (joint destruction of and damage to property), on the ground that at the D restaurant operated by the Victim C in Yangju-si, the Victim C, including E, and drinking, and the Victim demanded the payment of the drinking value, the Defendant walked to the scam and broken off the scam and broken off the scam, and the above E turned out to the scam.

As such, the Defendant jointly damaged the property of others by having a 150,000 won of the market value owned by the victim in common with E, with the victim’s trust and interest.

2. The Defendant, at the same time and at the same place, destroyed the flag of a restaurant, together with E, as above, and seems to have shown that he would drink the victim C who meets the foregoing while drinking the cafeteria. Around 20 minutes, the Defendant was faced with the 20 minutes.

In collusion with E, the Defendant interfered with the victim’s restaurant business by force.

3. At the same place of 14:30 on the same day, the Defendant obstructed the legitimate execution of duties regarding the maintenance of order of the above police officers by: (a) assaulting the police officer G at the police box of the Yangju Police Station, who was called for by the Defendant upon receiving a report that the Defendant was frighting the Defendant’s fright; (b) assaulting him by carrying his body several times by hand; and (c) threatening H by stating that “I will be a member of the National Assembly; (d) I will ambru; (d) I will find my internal organ and ambru; and (d) I want to die.”

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. Each police statement made to G, C, and H;

1. On-site photographs;

1. Application of Acts and subordinate statutes to a report on internal investigation (field status, etc.) and a written estimate;

1. Article 2(2) and (1)1 of the Act on the Punishment of Violences, etc. against Criminal Crimes, Article 366 of the Criminal Act, Articles 314(1) and 30 of the Criminal Act, Article 136 of the Criminal Act.

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