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(영문) 인천지방법원 2018.05.03 2018고단2015
공무집행방해등
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 February 28, 2018, from around 22:20 to 23:00 the same day, the Defendant obstructed the Defendant’s business from around February 28, 2018 to around 23:00 of the same day: from the restaurant operated by the victim D in the south-gu Incheon Metropolitan City, the Defendant: (a) sent a large amount of singing and telephone call; and (b) made it difficult to find out the name of meals at the place of the eating; and (c) made it impossible for the said restaurant to properly respond to the demands of customers; and (d) made it difficult for customers to enter the said restaurant with the intention to enter the restaurant, such as: (a) “Irre a large amount of speech to the outside of the visible flick; and (b) made it difficult for the said restaurant’s employees to talk with the will of customers; and (b) made it difficult for them to enter the restaurant.

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

2. Interference with performing public duties;

A. On February 28, 2017, the Defendant committed a crime on February 28, 2017, in a restaurant specified in paragraph (1) around February 28, 2017, and “under the influence of alcohol, he/she interferes with his/her business.”

Along with the report of 112, the police officer of the Incheon Southern Police Station who was called "Isson Day" was asked by G to ask questions about "Isson Day" and the face of Isson G was taken once a week.

Accordingly, the Defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

B. The Defendant committed the crime of March 19, 2018: (a) around 02:20 on March 19, 2018; (b) was in a restaurant located in the Namdong-gu Incheon Metropolitan City, with the great interest on other customers; (c) discovered K, the border belonging to the JJ forces of the Incheon Southern-dong Police Station, which was dispatched upon receipt of a report 112; and (d) found K, “Y, the bit of bitch bitch bitch, the bitch bit of bitch.”

The term "I want to leave an empty baby on the table" refers to a large interest rate, and when K issued a notice of penalty payment due to the violation of the Punishment of Minor Offenses Act to the act of disturbing drinking, and when K made a complaint one time as a drink.

Accordingly, the defendant has a legitimate duty of a police officer with regard to the handling of 112 reported cases.

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