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(영문) 인천지방법원 2014.06.13 2014고정291

업무방해등

Text

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

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

Reasons

Punishment of the crime

1. On October 5, 2013, at around 13:50, the Defendant interfered with business, within “E” operated by the victim D in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, the Defendant obstructed the victim’s self-sale business by force, such as: (a) intending to talk his/her child, who is a customer under the influence of alcohol; (b) prohibiting customers from having access to the facility by 30 minutes; and (c) preventing customers from having access to the facility.

2. 공무집행방해 피고인은 전항과 같은 일시, 장소에서 신고를 받고 출동한 인천삼산경찰서 F지구대 순경 G이 집에 갈 것을 권유하자 “야 시팔새끼야, 개새끼야, 내가 뭘 잘못했냐”라며 주먹으로 팔과 가슴을 3회 때리는 등 30여 분간 경찰관의 정당한 직무집행을 방해하였다.

Summary of Evidence

1. Each legal statement of witness D and G;

1. Application of each police protocol of statement to D and G

1. Relevant Article 314(1) of the Criminal Act, Article 136(1) of the Criminal Act, and the choice of each fine for the crime;

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. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.