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(영문) 광주지방법원 2016.09.28 2016고단2118
업무방해등
Text

Defendant

A Imprisonment of six months, Defendant B shall be punished by a fine of 1,00,000 won.

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

1. Defendant A

A. On August 29, 2015, the Defendant: (a) around 23:00, the Defendant obstructed the victim’s main store business by drinking alcohol while drinking alcohol from Gwangju Mine-gu D and a mid-term year F, operated by the fourth victim E with pro-friendly B; (b) while drinking alcohol to customers, the Defendant obstructed the victim’s main store business by drinking alcohol.

B. On August 29, 2015, at around 23:55, the Defendant obstructed the police officer’s legitimate execution of duties in relation to criminal investigations by threatening-gu, Gwangju Mine Police Station G District, which was called upon with a report of 112 that there was a trial expense related to the drinking value at the foregoing location, and demanded H’s personal information, and he gets involved in a bath, and boomed the h’s chest by drinking, and boomed the boom, and interfered with the police officer’s legitimate performance of duties.

2. Defendant B’s above person

1. 나. 항과 같은 일시, 같은 장소에서 112 신고를 받고 출동한 피해 자인 광주 광산 경찰서 G 지구대 소속 경위 I(47 세, 남 )에게 “ 콱 꺼져, 니기 새끼야, 씨 발 새끼 콱" 이라고 욕설을 하여 위 E과 그곳 종업원 J, 성명 불상의 손님이 있는 자리에서 위 피해자를 공연히 모욕하였다.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to H and E;

1. Each statement of E, K, and I;

1. On-site photographs;

1. Application of each statute on filing of a complaint;

1. Defendant A of the pertinent legal provisions pertaining to criminal facts: Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties) and Article 314(1) (the point of obstructing duties) of the Criminal Act (the point of obstructing duties): Article 311 of the Criminal Act (the point of insult);

1. A aggravated criminal defendant: the former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the Criminal Act;

1. Defendant B who is detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendant A: Article 62 (1) of the Criminal Act;

1. Defendant B: Reasons for sentencing of Article 334(1) of the Criminal Procedure Act (Defendant A)

1. The basic area (from June to April) of the first type of crime (Interference with the execution of official duties) subject to the sentencing guidelines (the scope of recommended punishment) (the interference with the performance of official duties and coercion of official duties).

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