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(영문) 수원지방법원 여주지원 2020.07.28 2020고단697
업무방해등
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

1. At around 19:50 on April 11, 2020, the Defendant obstructed the victim’s restaurant operation by force for about 15 minutes, such as 15 minutes of talking with the victim’s D restaurant operated by the victim C, with one person and body fighting in a while under the influence of alcohol, and putting the victim’s restaurant operation on the part of the victim’s restaurant. The Defendant continued to have the victim’s restaurant operation by force even though she left the restaurant at the request of the employee of the restaurant to leave the restaurant, and other flasing by continuously talking with a large amount of sound in the restaurant.

2. 공무집행방해 피고인은 2020. 4. 11. 20:05경 제1항 기재 장소에서 피해자의 112신고를 받고 출동한 경기이천경찰서 E파출소 소속 순경 F에게 손을 들어 때릴 듯이 위협하고, “쫄려 씨발놈아, 씹새끼들아!”라고 욕설을 하면서 손으로 위 F의 양쪽 귀를 잡아당겨 폭행하였다.

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention and control of police officers' crimes.

3. On April 11, 2020, at around 20:20, the Defendant damaged the property owned by the victim by: (a) having the Defendant 1.50,00 won of repairing expenses, by walking the restaurant entrance that is adjacent to the new launch site in front of the new launch site, by walking the restaurant entrance in front of the new launch site in front of the new launch site; and (b) having the Defendant wear approximately 1.50,00 won of repairing expenses, such as automatic text restoration.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Investigation report (Submission of a written agreement) on the statement of C and F, and application of Acts and subordinate statutes not in charge of punishment;

1. Articles 314 (1), 136 (1), and 366 of the Criminal Act concerning the relevant criminal facts;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act. Article 50 (Aggravation of Punishment for Interference with Business, which is the most serious penalty);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the provisional payment order are the form of the instant act.

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