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(영문) 의정부지방법원 고양지원 2018.04.19 2018고단542

업무방해등

Text

A defendant shall be punished by imprisonment for one year.

Of the facts charged of this case, the prosecution against assault is dismissed.

Reasons

Punishment of the crime

[criminal history] On November 11, 2016, the Defendant was sentenced to eight months of imprisonment with labor due to interference with the performance of official duties in the Gyeyang Branch of the Jung-gu District Court, and completed the execution of the sentence on July 12, 2017.

[Criminal facts]

1. On March 9, 2018, the Defendant: (a) requested the victim E, the proprietor, to pay KRW 33,000 won of the food value at a cafeteria with the trade name “D” located in Gyeyang-gu, Seoyang-gu, Seoyang-gu; (b) “Is theme?”

“Along with sound and drinking, the victim’s bed once, and the victim’s bed and satisd for about about 15 minutes, such as satisfing and satisfing, so as to avoid the disturbance, so as to prevent the customers in the above restaurant from driving away and entering the new customers.

Accordingly, the defendant interfered with the victim's restaurant operation by force.

2. The Defendant interfered with the performance of official duties on the day above at around 23:15, at the front of the above restaurant, reported by G and H, a police officer belonging to the F District of the Gyeonggi High Police Station, who was called out after receiving a 112 report that drunkd guests drink and frighting to drink at the above restaurant, while avoiding the disturbance on the day above 23:15.

“Abruting that “,” the chest portion of the said G was tightly cut up to twice by hand, and the said H’s chest portion was tightly pushed up once by hand, and the part of the ma’s chest portion was tightly walking up to 2 to 3 times, etc.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the handling of reports and the maintenance of order by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to G and H;

1. Each written statement of I, J and E;

1. On-site photographs;

1. Previous convictions: Inquiries about criminal history and the application of Acts and subordinate statutes as a result of screening prisoners;

1. Relevant Article 314(1) of the Criminal Act (the point of interference with business), Article 136(1) of the Criminal Act (the point of interference with the performance of public duties) and the choice of imprisonment for each crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Code that aggravated concurrent crimes.