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(영문) 인천지방법원 2017.10.11 2017고단5868

업무방해등

Text

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

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

Reasons

Punishment of the crime

1. On June 24, 2017, at around 12:00, the Defendant: (a) was under the influence of alcohol at the D cafeteria operated by the Victim C (Y, 58 years of age) who had been living in North Korea; (b) was frighting to the wall of the said D cafeteria, without any special reason; and (c) frighting the victim to the effect that the victim singing up “Ching, dead,” and hinging the victim to the effect that “Ching, dead,” thereby obstructing the victim’s restaurant business by force for about one hour from that time.

2. 공무집행 방해 피고인은 위 일시 및 장소에서, 식당에서 행패를 부리는 사람이 있다는 취지의 신고를 받고 위 가게에 출동한 상주 경찰서 E 지구대 소속인 경사 F으로부터 일단 위 가게에서 나가자는 말을 듣게 되자 술에 취해 기분이 나쁘다는 이유로 F에게 ‘ 내가 뭘 잘못했다고

Since D

Doz. Doz.;

내가 언제 술병을 깼냐,

E. E. F. H. H. H. H. H.D.

Dora Dora Doz. Doz.

“Abbucks and knenenee knee knee knee knee kne kne kne knee knee knee knee knee knee knee knee knee knee

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement with respect to C and F;

1. Application of Acts and subordinate statutes to report internal investigation (Attachment of field photographs);

1. Relevant Article 314(1) of the Criminal Act, Article 316(1) of the Criminal Act (the point of interference with business), Article 136(1) of the Criminal Act (the point of interference with the performance of public duties), and 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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The criminal liability for each of the crimes of this case that interfere with the performance of official duties by obstructing the performance of duties by force for long time at a business establishment operated by the victim for the reason of sentencing of Article 334(1) of the Criminal Procedure Act, but the defendant's error is recognized.