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(영문) 대전지방법원 2019.05.10 2019고단829
공무집행방해등
Text

Defendant

A shall be punished by a fine for negligence of KRW 5,000,000, and by a fine of KRW 1,000,000.

The above fine is imposed against the Defendants.

Reasons

Criminal facts

1. The Defendants in violation of the Punishment of Minor Offenses Act committed on January 25, 2019 in the “E” restaurant operated by the victim D in Daejeon on January 23, 2019, and the victim was 10,000 won in total, and did not pay the price without justifiable reasons.

2. At around 00:10 on January 26, 2019, the Defendant’s insultd Defendant B, on the street in front of the restaurant as indicated in paragraph (1), and on the 112 report, attempted to identify the victim G slope belonging to the F District and the victim’s police officer, and reported the business owner D, etc., Defendant B’s insultd the victims as “spunchia, spatia, spatia, and spatia.” The victims were humpia, humph, hump, hump, hump, and hump. The victims were openly insulting.

3. On January 26, 2019, at around 00:23, Defendant A’s obstruction of performance of official duties: (a) returned home from a slope G, a police officer belonging to the F District Unit, who was dispatched after receiving a report of 112, and later returned home from the restaurant as indicated in paragraph (1) and later attended the police station, and (b) assaulted G’s body over five times.

Accordingly, the Defendant interfered with the legitimate execution of duties of police officers regarding the handling of 112 reported cases.

Summary of Evidence

1. Defendants’ respective legal statements

1. The suspect interrogation protocol against the Defendants

1. The police statement concerning G;

1. A written statement of I and D;

1. Arrest reports on the occurrence of the obstruction of performance of official duties, etc., investigation reports and internal investigation reports;

1. Application of receipts, copies of public official identification cards, photographs at the scene of crimes, and statutes governing Baduks at bar campaignss;

1. Article 136(1) of the relevant Act on the Punishment of Criminal Crimes (the point of obstructing the performance of official duties by Defendant A), Article 311 of the Criminal Act (the point of insulting the Defendant B), Article 3(1)39 of the Punishment of Minor Offenses Act, and Article 30 of the Criminal Act (the point of failing to make a public accusation of the Defendant A)

1. Defendant B with ordinary concurrence: Among the crimes of insult under Articles 40 and 50 of the Criminal Act.

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