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(영문) 수원지방법원 안양지원 2018.10.31 2018고단1347

업무방해등

Text

A defendant shall be punished by imprisonment for not more than four months and by a fine not exceeding 100,000 won.

If the defendant fails to pay the above fine, 50.

Reasons

Punishment of the crime

1. On July 27, 2018, the Defendant: (a) around 06:05, at the 7th week of “E, operated by the injured party D” located in Boan-gu, Sinan-gu, Sinan-gu, Sinan-si; (b) the Defendant: (c) had the injured party D with a walk and drinking, left the first place; and (d) had the other customers get out of the said main place of drinking.

Accordingly, the defendant interfered with the victim's restaurant business for about 30 minutes by force.

2. The Defendant in violation of the Punishment of Minor Offenses Act did not pay the drinking value without justifiable grounds, even though the Defendant was requested by the victim D to pay the drinking value of KRW 54,200 at the same date, time, and place as stated in paragraph 1.

3. The Defendant obstructed the performance of official duties at the same date and time as indicated in paragraph 1, and at the same place as indicated in paragraph 1, the Defendant heard that he was frighted from the floor under the influence of alcohol and left home after receiving a report of 112 that he was faced with the disturbance, and paid the drinking value from the Ethical G of the Ferstal Zone G of the Police Station Fergal Station within the Ansan-gu Police Station where he was called to return home. The Defendant, “I ambling in a large sound,” and pushed the chest of the above G at two times.

The defendant continued to restrain the above G from taking the defendant's hand, and assaulted G's chest on the house.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on 112 reporting management work.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Written statements of D;

1. Receipts:

1. Application of Acts and subordinate statutes to a report on investigation (a police officer's ID camp)

1. Article 314(1) of the Criminal Act applicable to the facts constituting the crime (the point of obstructing the performance of official duties, the choice of imprisonment), Article 3(1)39 of the Punishment of Minor Offenses Act (the point of without prison labor, the choice of fines) and Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties, the choice of imprisonment with prison labor);

1. Article 37 (former part), Article 38 (1) 2 and 3, and Article 50 of the Criminal Act to increase concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Suspension of execution;