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(영문) 대전지방법원 2018.05.31 2018고단994

업무방해등

Text

Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On January 21, 2018, the Defendant: (a) was in the restaurant operated by the Victim C (V, 45 years of age) in Daejeon Pungdong-gu B on the following occasions: (b) the Defendant was unable to avoid disturbance, such as, in the restaurant run by the victim C (V) on January 21, 2018; (c) while drunking with D (Suspension of Prosecution on the same day); (d) while under the influence of alcohol to customers who are on the next table, he was under the influence of alcohol; (d) having the glass residues and alcohol bottles collected, d) he was frightd with the chair, and the Defendant was frighted on the floor, and was frightd with the chair’s bridge.

As a result, the defendant jointly interfered with the victim's restaurant business.

2. On January 21, 2018, around 00:40, the Defendant obstructed the performance of official duties, in front of the restaurant as indicated in paragraph 1, and in the front of paragraph 1, the Defendant assaulted F’s breast part of F with two-thirds or three-three-three-thirds of the injury, while under the influence of alcohol, to prevent the Defendant, who was a police officer belonging to the Daejeon Pungdong Police Station E box called up upon receipt of a 112 report to the effect that “fright to use drinking violence” was “fright to use drinking violence” as prescribed in paragraph 1.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to F;

1. Application of the respective laws and regulations of C, G, H, I, J, K and L

1. Article 136(1) and Article 30 of the Criminal Act, Article 314(1) of the Criminal Act, the selection of fines for the crime;

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

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

1. Although under Article 334(1) of the Criminal Procedure Act, it is not good for police officers who interfered with restaurant business and assaulted against the police officers dispatched, under the influence of the reason for sentencing of the sentence of Article 334(1) of the Criminal Procedure Act, they are against the mistake, commit the crime against the victim of the obstruction of business, agreed to do so, and there is no record of the crime.