beta
(영문) 제주지방법원 2016.03.09 2016고단24

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 December 18, 2015, the Defendant: (a) around 01:25, the Victim C (Nam, 53 years old); (b) was under influence of alcohol in the “D” car page operated by D; and (c) took a bath to the victim in a large sound; and (d) took a bath to the victim in a large sound; and (c) laid the glass cup on the table, which was laid on the table, laid down on the floor; and (d) 20 minutes of a walk, such as a shouldering and walking the table.

Accordingly, the suspect interfered with the victim's carpet business by force.

2. The Defendant interfered with the performance of official duties at the above time, at the above time, and at the above place, reported by the Defendant, and reported by the Defendant to conduct on-site investigations by the Assistant F, a police officer belonging to the Dong-dong Police Station E District of the Jeju Police Station E District, and whether the above police officer “ has been employed by the police officer to go to the police officer;

알았다 이 개 쌍놈의 새끼야, 이 새끼들 팍" 이라고 욕설을 하고, 머리로 위 경찰관의 가슴 부위를 들이받고 발로 왼쪽 허벅지를 1회 걷어찼다.

Accordingly, the defendant interfered with legitimate execution of duties concerning the investigation of a police officer's case.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and C;

1. Application of statutes on site 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. A favorable condition for sentencing under Article 334(1) of the Criminal Procedure Act, taking into account the following circumstances, recognizing the facts of crime and reflecting it as stated in the order: The victim of the crime does not want the punishment against the defendant; there is no history of criminal punishment due to the obstruction of the performance of official duties; there is no history of criminal punishment due to the crime of violence; however, there is a history of criminal punishment twice for the crime of violence, but there is no history of criminal punishment for the crime of violence before 20 years: interference with the defendant's duties.