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(영문) 인천지방법원 2017.05.11 2017고단600
업무방해
Text

Defendant

A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 5,000,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. On December 18, 2016, Defendants who interfered with the Defendants’ duties were eating at “E restaurant” located in Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, Incheon. On the grounds that the Defendants 12:30 on December 18, 2016, Defendant B provided water to employees F, but carried out the cups containing de facto drinking water, and Defendant B continued to mine the said F with drinking water and water contained in the cups, and continued to gather the cups, and f with a large sound, and Defendant A prevented the customers who want to enter the restaurant and enter the restaurant.

Accordingly, the Defendants conspired and interfered with the restaurant business managed by the victim G from December 18, 2016 to December 12:30 of the same day.

2. On December 18, 2016, around 01:40, the Defendant: (a) arrested a flagrant offender on the ground that he/she committed an offense as described in paragraph 1 against a police officer belonging to the H District of the Bupyeong-gu Incheon Bupyeong Police Station, Incheon, who was dispatched after receiving a report from 112 on the front side of the city of Bupyeong-gu Incheon, and committed an assault, such as: (b) 1 time off the patrol vehicle with the I’s scam with his/her hand floor; and (c) 2 time off the head with his/her hand.

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

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made in relation to I, F, and G;

1. Application of Acts and subordinate statutes to a report on investigation (CC-TV image investigation) and a report on investigation (AC-TV image investigation);

1. Relevant Article of the Criminal Act and subparagraph A of the decision on the punishment: Articles 314(1) and 30 of the Criminal Act; Defendant B who choose a fine: Articles 314(1) and 30 of the Criminal Act; Article 136(1) of the Criminal Act; Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties); and the selection of fines;

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

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: The number of offenses interfering with the instant business on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act.

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