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(영문) 창원지방법원 거창지원 2013.10.16 2013고단241
공무집행방해등
Text

A defendant shall be punished by imprisonment for not more than ten months and by a fine not exceeding 500,000 won.

If the defendant fails to pay the above fine, 50.

Reasons

Punishment of the crime

On August 8, 2012, the Defendant was sentenced to eight months of imprisonment with prison labor for the crime of interference with business at the Changwon District Court’s branch on August 8, 2012, and completed the execution of the sentence at the Common Detention House on February 20, 2013.

1. Around 20:00 on September 11, 2013, the Defendant: (a) while drinking alcohol in a “E” restaurant operated by the victim D in Gohap-gun, Gohap-gun, the Defendant: (b) took a bath on the ground that the victim does not make it possible for the victim to do so; (c) threatened the victim to be at the time; and (d) prevented customers who wish to enter the said restaurant by avoiding disturbance, such as paying time fees, from entering the restaurant.

Accordingly, the defendant interfered with the victim's restaurant business by force over about 30 minutes.

2. On September 11, 2013, at around 20:31, the Defendant: (a) 20:31, and reported to D at the same place as Paragraph (1) of this Article, the Defendant took a bath when a slope G, a police officer belonging to the Gohap Police Station, who was called up with D, prevented the Defendant from disturbing the Defendant’s disturbance; (b) was pushed down with the breath’s breath, and was cut down by cutting off the bat and cutting down

Accordingly, the defendant interfered with the maintenance of police officers' order and legitimate execution of their duties.

3. On July 30, 2013, the Defendant violated the Punishment of Minor Offenses Act: (a) around 20:55, the Defendant was under the influence of alcohol in the F District of the Joint Police Station F District in the Gohap-gun, Gohap-gun H, and was unable to have the police officers in the place where the Defendant was under the influence of alcohol for about 30 minutes of the disturbance, such as “I am off the same fluort, fasted, cut off, and do not take a stop; (b) I am this dog.”

Summary of Evidence

1. Defendant's legal statement;

1. Each police officer's statement about D and G;

1. The circumstantial statement of the offender;

1. On-site photographs;

1. Division: Application of Acts and subordinate statutes, such as a criminal investigation report (verification of details of judgment related to repeated crime of a suspect and report accompanied by a copy of a criminal judgment), and a copy of judgment;

1. Relevant Article 314(1) of the Criminal Act (Interference with business and choice of imprisonment) and Article 136(1) of the Criminal Act concerning criminal facts, the obstruction of performance of official duties, and the choice of punishment.

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