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(영문) 대전지방법원 천안지원 2016.10.14 2016고단1700

업무방해등

Text

The punishment of the accused shall be determined by imprisonment with prison labor for ten months.

Reasons

Punishment of the crime

1. On March 4, 2016, from around 09:50 to 10:41 of the same day, the Defendant interfered with the business of the victim’s store business by: (a) driving a F truck under the influence of alcohol to enter the said store to the next store; (b) by the employees G of the above store, the Defendant was subject to restraint; (c) preventing employees, including G from performing their duties by avoiding disturbance, and preventing them from entering the said store by force by preventing customers, who enter the said store, from entering the said store.

2. 공용물건손상, 공무집행방해 피고인은 2016. 3. 4. 10:41경 제1항 기재 장소에서 제1항 기재와 같이 소란을 피우던 중 112신고를 받고 출동한 아산경찰서 H파출소 소속 경위 I로부터 퇴거 및 음주 측정 요구를 받게 되자, “돌아가신 어머니가 불쌍하니 죽어야겠다, 농약을 가져와라, 총으로 쏴라, 도끼로 머리를 찍어라”라고 소리를 지르고, I에게 욕설을 하면서 플라스틱 물병을 바닥에 집어던지고, 손으로 I의 가슴을 밀치고, I가 손에 들고 있던 음주감지기를 빼앗아 바닥에 집어던져 정상적인 작동이 되지 않도록 하였다.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers regarding the handling of 112 reported cases, and damaged things used by public offices.

3. On March 4, 2016, from around 11:10 to around 11:41 of the same day, the Defendant was arrested by the He police box located in theJ of ASEAN for about 30 minutes as a flagrant offender, such as obstruction of performance of official duties, etc. for the same reason as the stated in paragraphs 1 and 2, and there are reasonable grounds to believe that the Defendant driven under the influence of alcohol, such as a light of the state of walking and a light of the walking condition, a light of the walking condition, and a very long-distance and highly red coloring, etc., on four occasions.

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