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(영문) 인천지방법원 부천지원 2013.06.19 2013고정594

업무방해등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. On January 26, 2013, at around 05:30 on January 26, 2013, the Defendant: (a) smoked in the “F” restaurant smoking cessation in the “F” restaurant managed by the victim E in Bupyeong-si, Seocheon-si; (b) caused the Defendant to avoid a noise disturbance for one hour and 30 minutes by taking a large voice from his/her employee; and (c) he/she saw the Defendant to take a pulse, thereby passing the noise.

Accordingly, the Defendant, in collusion with C, interfered with the victim's restaurant business by force.

2. 공무집행방해 피고인은 전항과 같은 일시, 장소에서, 부천원미경찰서 G지구대 소속 경찰관인 순경 H 등이 피고인을 위와 같은 업무방해 혐의로 현행범 체포하여 순찰차 뒷좌석에 태우고 위 지구대로 호송하려 하자, 이에 반항하며 오른쪽 발로 위 H의 왼쪽 손목을 1회 걷어찼다.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in criminal investigations.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness H;

1. Police suspect interrogation protocol regarding C;

1. Statement to E by the police;

1. A written statement of I;

1. A copy of the work log;

1. Application of statutes on photographs of damage;

1. Relevant Article 136(1), Articles 314(1), and 30 of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of fines;

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