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(영문) 대구지방법원 2017.05.19 2017고단1202
업무방해
Text

Defendant

A A shall be punished by a fine of one million won, and Defendant B shall be punished by a fine of four million won.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

1. On February 19, 2017, the Defendant committed the crime of Defendant A: (a) around 21:05, at the “E” restaurant operated by the victim D in Daegu-gu Dong-gu, Daegu-gu, and (b) together with his female female members who live together with Defendant D; (c) obstructed the victim’s restaurant business for about 30 minutes by forcing customers on the floor of the above restaurant to get out of the restaurant, by having them enjoying a disturbance, such as a flag on the table of the above restaurant table and a bottle on the floor.

2. On February 19, 2017, the Defendant committed the crime of Defendant B, at the above place, and reported that he was going to a disturbance at a restaurant, and the police officers G, security guards H, Ha, Ha, and police officers of the F District Police Station of the Daegu-dong Police Station of the Daegu-dong Police Station, who were called out, attempted to arrest the above A as a flagrant offender with the suspicion of interference with the business of the said J, and assaulted the A inflagrant with his right hand hand hand, etc. on one occasion by leading the saidJ to the saidJ.

Accordingly, the defendant interfered with the legitimate performance of official duties by police officers.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of each police suspect interrogation protocol against the Defendants

1. Statement in each police statement made to J or D;

1. On-site photographs, photographs of police officers, descriptions of a copy of a work site for the F District, or the application of video-related Acts and subordinate statutes;

1. Relevant Article 314(1) (Selection of Penalty) of the Criminal Act (Selection of Penalty): Defendant B: Article 136(1) (Selection of Penalty Penalty) of the Criminal Act;

1. Defendants detained in the workhouse: (a) on the grounds of sentencing of Articles 70(1) and 69(2) of the Criminal Act, Defendant A interfered with the work of the victim D by avoiding disturbance at the restaurant; (b) Defendant B, upon receipt of a report, committed assault against the police officers dispatched after receiving the report; (c) the degree of interference with the duties of Defendant A was not serious; (d) the victim D expressed his intention not to punish the police officers; (d) the degree of assault inflicted on Defendant B was not serious; (e) Defendant A was not subject to a more severe punishment than a fine; and (e) Defendant B was punished once by a fine.

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