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(영문) 의정부지방법원 2013.04.08 2012고정3211

업무방해등

Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

Defendant

A is a person who works as a bath employee.

1. 업무방해 피고인은 2012. 10. 18. 02:15경 의정부시 C에 찾아가 약 일주일 전에 위 업소에 지불한 술값이 많이 나왔다는 이유로 카운터에 앉아 있었던 업주인 피해자 D에게 "씹할년아 퍽큐" 등의 욕설을 하고, 업소에 설치 된 탁자를 발로 수회 차는 등 약 25분간 위력으로 피해자의 정당한 영업 업무를 방해 하였다.

2. The Defendant reported 112 of obstruction of performance of official duties to the police officer F, who was called up, she saw the Defendant to arrest the Defendant as a flagrant offender with respect to the suspected charge of obstruction of official duties under Paragraph 1. Accordingly, the police officer F, who was arrested the Defendant using a guard gear lock, threatened the Defendant with both arms on their left and left, and assaulted the Defendant F, his head, who was the chest of the police officer.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the arrest of a police officer.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of the respective laws and regulations of G and D

1. Relevant Article 314 (1) and Article 136 (1) of the Criminal Act concerning the crime, the choice of punishment, and the choice of fines;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 57 of the Criminal Act including days of pre-trial detention;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.