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(영문) 대구지방법원 서부지원 2014.11.19 2014고정1015

업무방해등

Text

Defendant shall be punished by a fine of KRW 2,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On September 18, 2014, from around 22:00 to 22:30 of the same day, the Defendant obstructed the victim’s restaurant business by force by forcing the customers who were in the restaurant to leave the restaurant and to make them enter the restaurant, and by obstructing them from entering the restaurant by having the customers who were in the restaurant enter the restaurant. In the event that the victim requested a place where the victim scam by drinking so that they can scam with a large voice, the Defendant scam so that he would have the victim scam under the influence of drinking.

2. On the same day, at around 23:45, the Defendant: (a) arrested and taken custody of a flagrant offender in relation to the obstruction of business under paragraph (1) at the Daegu Western Police Station and the office located in Daegu Seo-gu, Daegu, 249-ro, as compensation for state bonds; (b) in the process of taking a measure of care in the detention room of the Daegu Seo-gu Police Station, which was working on duty; (c) in the process of taking the Defendant’s custody of the police station on duty; and (d) in the process of taking a measure of care in the detention room of the Daegu Seo-gu Police Station; and (d) tried to take the Defendant’s personal information, etc. by taking the Defendant’s bath to the Defendant, and assaulted the Defendant by taking the Defendant’s hand on his left side by force.

Accordingly, the defendant interfered with legitimate execution of duties concerning the police officer's criminal duty and the detention room of the defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. E statements;

1. Report on the occurrence of the case;

1. Application of Acts and subordinate statutes to report on investigation (the act of disturbance, etc. against the suspect);

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 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;