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(영문) 수원지방법원 여주지원 2018.01.10 2017고단1297
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

The application for compensation order of this case shall be dismissed.

Reasons

Punishment of the crime

1. Around October 19:10 on October 8, 2017, the Defendant interfered with his duties and damaged property: (a) expressed the Defendant’s desire to drink at a F cafeteria operated by the victim D, the victim D, with the Defendant’s workplace, G, and H, with the Defendant’s workplace, while drinking alcohol with the Defendant’s workplace, and without any particular reason, to do so; (b) continuously, the part of G’s face from the stairs front of the said restaurant was drinking twice as drinking; (c) the part of H’s face was h; (d) the victim’s market value was 40,000,000 won, which is the victim’s ownership; and (d) the customer was unable to enter the said cafeteria for 30 minutes, such as taking a humcon with the Defendant’s workplace, and taking a humcon with the Defendant’s workplace.

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

2. The Defendant interfered with the performance of official duties on October 8, 2017: (a) around 19:50, E, and the F cafeteria located on the second floor of E, 2017.

“A police officer, the police officer of the Leecheon Police Station, who was called up upon the report of 112, committed violence against the Defendant at the time of the crime described in the above 1. paragraph against the defect in arresting the Defendant as the current offender of the crime described in the above 1. This part of the J’s face was walking once.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to J, G, H and D;

1. Written estimate;

1. Application of the Acts and subordinate statutes to photographs of damaged articles and parts photographed by damaged parts;

1. Relevant Article 314(1) of the Criminal Act, Article 314(1) of the Criminal Act, Article 366 of the Criminal Act, Article 136(1) of the Criminal Act, and Article 136(1) of the Criminal Act, the choice of imprisonment for a crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 32(1)3 and 32(2) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits to Dismiss Applications for Compensation Order.

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