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(영문) 인천지방법원 부천지원 2013.10.14 2013고정1032

업무방해등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. On April 28, 2013, from around 21:50 to 22:50, the Defendant interfered with the business of the Defendant: (a) “Ebrate” operated by the victim D, who was in Bupyeong-si, Seocheon-gu, Seocheon-si; (b) obstructed the victim’s entertainment drinking business by using alcohol disease, etc. on the table for about one hour by breaking the bottom of the floor by using it; and (c) putting alcohol disease on the table, and by using it for a large amount of interest, thereby obstructing the victim’s entertainment drinking business by force.

2. Around April 28, 2013: (a) around 23:10 on April 28, 2013, the Defendant: (b) expressed the victim that “I wish to die, i.e., the victim F, who was dispatched upon receipt of a report, asked the reasons for the report by the victim F, i.e., the business owner D; and (c) the customer G, who is a customer, etc., “I wish to die.”

3. On April 28, 2013, the Defendant expressed that he was arrested as a flagrant offender at the above place and was traveling along with a patrol vehicle, and that he expressed the victim slope H “I am flick,” and that he interfered with the police officer’s legitimate performance of duties concerning the suppression of and investigation into the crime, by taking the victim’s face one time as a drinking.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and H;

1. Each police statement made to D, F, and H;

1. Written statements of D;

1. Each photograph, CCTV image, sound recording CD;

1. Each complaint;

1. Application of Acts and subordinate statutes to a copy of each identification card, and a copy of a central district office;

1. Articles 314 (1), 311, and 136 (1) of the Criminal Act concerning the relevant criminal facts;

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;