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(영문) 대전지방법원 2015.09.16 2015고단2533

업무방해등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 12, 2015, from around 00:20 to around 00:50 the same day, the Defendant obstructed the victim’s restaurant business by force, such as threatening the victim’s chest, who was under the influence of alcohol in the F restaurant managed by the victim E during Daejeon-gu, Daejeon, demanding a request to stop not selling in the above restaurant while being drunk, and the Defendant’s cell phone device owned by the Defendant was collected on the restaurant’s floor, talking the customers in the above restaurant, taking the cell phone device owned by the Defendant, taking the customers at the above restaurant, taking a bath, and uneasing the customers by sound, and displaying the Defendant out of the restaurant.

2. At around 00:50 on July 12, 2015, the Defendant damaged public goods, at the place specified in paragraph (1), the Defendant 112 reported on the ground specified in paragraph (1), and damaged the 2.50,000 won of the repair cost by a police officer belonging to the Daejeon Middle Police Station G District G District, Daejeon, which called the Defendant out of the restaurant, and by a police officer H and I, who moved the Defendant out of the restaurant, to the outside of the restaurant, left the roof of the 1 patrol vehicle that was parked therein, and damaged the said patrol vehicle used at the front door of the driver’s seat at the police station of the second Seo-gu, Seoul.

3. On July 12, 2015, in order to hand over the Defendant arrested as a flagrant offender on the grounds specified in paragraph (2) in front of the Daejeon Middle-gu Daejeon District Police Station on July 12, 2015 to the Daejeon Middle-gu Daejeon District Police Station, the Defendant: (a) expressed a police officer’s desire to take the Defendant into the patrol vehicle that he intends to take on the patrol vehicle; (b) intimidation the Defendant’s body; and (c) threatened the police officer with the above H’s body; and (d) at the criminal office of the Daejeon Middle-gu Police Station in Daejeon, Daejeon-gu, Daejeon, Daejeon-gu, Seoul, and the office of the Daejeon Middle-gu, Daejeon, the police officer assigned to the Daejeon Middle-gu Police Station to take over the Defendant’s personal disease and tried to put the Defendant on the part of the Defendant, thereby hindering the police officer’s legitimate performance of duties concerning flagrant offenders, such as assaulting the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to K, H, and E;

1. Written estimate for the patrol of damage;