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(영문) 인천지방법원 2020.10.30 2020고단4369
업무방해
Text

[Defendant A] The defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, 100,000.

Reasons

Punishment of the crime

1. On April 4, 2020, the Defendant: (a) around 22:00, at the “E” restaurant operated by the victim D in Seo-gu Incheon, Seo-gu, Incheon; (b) on the ground that the police was dispatched by the victim’s report during about 2 hours after drunking, the Defendant sent to the restaurant, and caused customers in the restaurant to go out of the restaurant, such as clicking the instant instant instant cups on the restaurant window.

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

2. The Defendant, at the time and place indicated in paragraph (1), committed assault to Defendant B, on multiple occasions, expressed a large amount of voice on the part of the victim’s patrolmen, “I am feasia, I am shot, I am shot at a restaurant,” with the report of 112 that “two persons under the influence of alcohol are in a restaurant,” and called “I am am feasia, I am am shot, I am am shot, I am shot.”

Accordingly, the defendant openly insulting the victim H, and interfered with the legitimate execution of duties of police officers with respect to the arrest of flagrant offenders.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement of G and H;

1. Application of Acts and subordinate statutes of D;

1. Defendant A who has the relevant law on criminal facts, the choice of punishment: Article 314(1) of the Criminal Act; Article 136(1) of the Criminal Act; Article 31 of the Criminal Act; Article 31 of the Criminal Act; and the choice of imprisonment, respectively;

1. Aggravation of concurrent crimes (Defendant B): The former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (Defendant A): Articles 70 (1) and 69 (2) of the Criminal Act;

1. Suspension of execution (Defendant B): Article 62 (1) of the Criminal Act;

1. Provisional Payment Order (Defendant A): The motive and background of each crime on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, the Defendants’ opposition to the recognition of all crimes, and the conditions of sentencing, such as the Defendants’ age, environment, and circumstances after the crime.

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