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(영문) 의정부지방법원 2013.06.12 2013고정979

업무방해등

Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

“2013 Highly 979”

1. From January 21, 2013 to 01:30 on the next day, the Defendant obstructed the restaurant business by force by preventing customers, who were entering the restaurant, from entering the restaurant, such as the “D” restaurant operated by the victim C, in order to say that they were going through and fighting outside the instant case, and the victim, who told the victim, from entering the restaurant. In addition, the Defendant interfered with the restaurant business by force.

2. 공무집행방해 피고인은 2013. 1. 22. 00:50경 제1항과 같은 장소에서 제1항과 같이 행패를 부린다는 112신고를 받고 출동한 의정부경찰서 E지구대 소속 순경 F이 업소 내에서 피고인이 행패부리는 것을 제지하자 경찰관인 F 순경에게 "머 씨발놈아" "짭새새끼들이 어서 지랄이야"라고 욕설을 하며 손바닥으로 오른쪽 얼굴을 가격하고 어깨와 가슴을 밀치는 등 폭행하여 경찰관의 범죄예방 및 신고출동에 관한 정당한 직무집행을 방해하였다.

On December 30, 2012, from around 01:30 to 01:50 on December 30, 2012, the Defendant interfered with the victim’s restaurant business by force by force, such as drinking from the “I restaurant operated by the victim H in Gyeonggi-si, which is operated by the Government of Gyeonggi-si, continuously taking advantage of a large amount of public interest, and breaking the instant cup.

Summary of Evidence

“2013 Highly 979”

1. Defendant's legal statement;

1. The statement of each police officer made to C and F "2013, 982";

1. Defendant's legal statement;

1. Written statements of J and H;

1. Application of the Acts and subordinate statutes on photographic materials;

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

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

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

1. Article 57 of the Criminal Act including days of pre-trial detention;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.