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(영문) 울산지방법원 2014.10.01 2014고단2291

공무집행방해등

Text

A defendant shall be punished by imprisonment for six months and by a fine of 100,000 won.

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

Reasons

Punishment of the crime

1. 업무방해 피고인은 2014. 6. 5. 22:10경 충북 제천시 C 소재 피해자 D(50세) 운영의 ‘E‘ 식당에서 다른 손님들이 있음에도 일행들과 술을 마시며 말다툼을 하다가 위 식당에 설치되어 있는 에어컨을 주먹으로 쾅쾅 치며 소리를 지르고, 음식값을 계산하지 않고 나가려고 하자 피해자가 “계산하고 가세요”라고 말했다는 이유로, 피해자에게 “이 새끼야, 니는 머꼬”라고 욕을 하며, 그곳 바닥에 침을 뱉는 등 약 10분 동안 행패를 부렸다.

Accordingly, the defendant interfered with the victim's restaurant business by force.

2. The Defendant violated the Punishment of Minor Offenses Act at the above date, time, and at the above place, failed to calculate the amount without justifiable grounds even though he had the victim drinked five majors of the suit equivalent to the market value of KRW 35,00.

3. On June 5, 2014, the Defendant: (a) at around 22:25, the Defendant: (b) informed the Defendant of his personal information at the front of the above restaurant, and confirmed the Defendant’s face at the F District G of the Yongsan Police Station F District G, the Defendant called “I am food and drinked; I am Ra.”; and (c) expressed the said G’s desire to “I am the police contract position, I am I am. I am. I am. I am. I am, I am. I am. I am., I am.” and threatened the victim’s face at least three times.

Accordingly, the defendant threatened the police officer to interfere with the legitimate execution of duties concerning the maintenance of order in G.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to A or D;

1. Investigation report (on the spot investigation);

1. Application of each statute on photographs;

1. Article 314 (1) of the Criminal Act applicable to the relevant criminal facts, Article 136 (1) of the same Act, Article 314 (1) of the same Act, Article 136 (1) of the same Act, Article 3 (1) 39 of the Punishment of Minor Offenses Act, and Article 3 (1) 39 of the same Act;

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.