(영문) 대전지방법원 2009. 1. 14. 선고 2008고정1746 판결

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[업무방해][미간행]

Escopics

Defendant 1 and one other

Prosecutor

Escopia

Defense Counsel

Attorney Lee Jong-ok (Presiding Justice for the defendant)

Text

Defendants shall be punished by a fine of KRW 1,000,000.

If the Defendants did not pay each of the above fines, the Defendants shall be confined in the Labor House for the period calculated by converting each of 50,000 won into one day.

Two days of detention days prior to the pronouncement of this judgment shall be included in the period of detention in the workhouse for the Defendants.

To order the Defendants to pay an amount equivalent to the above fines.

Criminal facts

Defendant 2 is a representative of Defendant 1’s appeal case, as the Defendants came to know at a meeting of the victims of criminal justice for about one year prior to the filing of the Defendants.

around 10:00 on July 29, 2008, the Defendants filed a written application with the first floor public service center of the Chungcheongnam-nam Provincial Police Agency in order to submit it to the Defendants on the grounds that the person in charge of the instant case and the details stated in the written application and the written application submitted to the hearing and audit room of the Chungcheongnam-nam Provincial Police Agency in March 29, 2008 was terminated without investigation.

The Defendants explained about the procedure of the instant case and the grounds for the closure of internal investigation by the police officers Nonindicted 2 and Nonindicted 1 of the first section of the investigation team, but demanded an interview with the commissioner of a district police agency on the grounds that Nonindicted 2 did not properly investigate the details submitted by the Defendants. The Defendants made a threat to the said police officers as to what kind of harm the Defendants would inflict while taking a bath to “Iraras fe, snow fright,” and continuing to threaten, “I am dead, I am dead, I am dead, and I am dead”, “I am dead, I am dead, and I am dead,” and interfere with the investigation-related duties of the police officers.

Summary of Evidence

1. Defendants’ partial statement

1. Each legal statement of the witness Nonindicted 1, 2, and 3

1. Results of inspection of video tapes of this court;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Defendants: Articles 314(1) and 30(1) of the Criminal Act.

1. Detention in a workhouse;

Defendants: Articles 70 and 69(2) of the Criminal Act

1. Inclusion of days of detention in detention;

Defendants: Article 57 of the Criminal Act

1. Order of provisional payment;