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(영문) 수원지방법원 2020.01.10 2019고단5583
공무집행방해등
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

1. 업무방해 피고인은 2019. 8. 1. 22:35경 화성시 B, 2층에 있는 피해자 C 운영의 ' 노래방'에서, 직장동료인 D와 말다툼을 하던 중 그의 옷을 잡아끌어 밀쳤고, 피고인의 일행인 E 등이 말렸으나 D를 쫓아다니며 시비를 걸고 소리를 지르며 D와 넘어져 뒹굴며 몸싸움을 하는 등 소란을 피워 피해자의 노래방 영업 업무를 방해하였다.

2. The Defendant, who invaded a structure, was in the “G” of the victim F’s operation, which was located adjacent to the singing door, and even if the victim prevented the Defendant from getting off the entrance, the Defendant sing down the door and intruded into the structure despite the fact that the victim obstructed from getting off the entrance.

3. On August 1, 2019, the Defendant, at the entrance corridor of the above “G” on August 22 and 50, 2019, prevented the Defendant from entering the said establishment from a police officer I, etc. belonging to the H District Police Station of the Gyeongdong Police Station, but attempted to neglect and continue to intrude the foregoing. However, in the process of arresting an offender in the act of committing an act in the line of duty, the Defendant laid down the I’s bridge beyond the I’s head and shaking his head.

Then, the defendant is the same month.

2. At around 00:15, when he was brought in to the H district of the Sungdong-gu Police Station in J in Sungsung-si, he spits spite on the floor of the above district, spite the above district, and spite the police officers belonging to the above district, who were working in the workplace, and spite K with his head.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the handling of 112 reports by police officers and the prevention of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. A protocol concerning suspect examination of D;

1. Application of Acts and subordinate statutes on police statements to I and K;

1. Relevant Article 314(1), Articles 319(1), and 136(1) of the Criminal Act concerning the crime and the choice of fines;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The order of provisional payment;

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