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(영문) 의정부지방법원 2015.05.28 2015고단276
업무방해등
Text

Defendants shall be punished by a fine of three million won.

In the event that the Defendants did not pay the above fine, only 100,000 won.

Reasons

Punishment of the crime

1. On December 18, 2014, Defendant A (Interference with Business, Property Damage and Damage) performed drinking at a general restaurant called “D” located in Guri-si C around 22:20 on December 18, 2014, together with B, who was the same fee.

During that period, the victim E (the 42 years of age) who was the owner of the above restaurant and the victim E (the 42 years of age) who prevented the smoking in the above restaurant has caused a dispute, it was difficult for the Defendant, who was in the following day of the occurrence of the dispute, to avoid disturbance, such as smoking in the chair who was in the above restaurant until 22:45 of the same day, was frightd and was frighted with the chair who was in the above restaurant.

Accordingly, the defendant damaged the victim's 3.80,00 won of the market value, and interfered with the victim's operation of the restaurant.

2. Defendant B (Obstruction of Performance of Official Duties) The Defendant was arrested as a flagrant offender suspected of causing property damage, interference with duties, etc. with the police officers belonging to the Guri-gu Police Station F District Unit, who called the above restaurant upon receipt of a report at around 22:50 on the same day, and called the above restaurant.

As above, while the Defendant was arrested and transferred to the F district of the Guri Police Station in Guri-si, and was waiting for transfer to the Guri Police Station in Guri-si, on December 19, 2014, the Defendant followed sound around 00:30 on December 19, 2014, and her family members should contact with the police officers who had worked in the Guri-si Police Station, and was charged with mobile phone devices.

Therefore, in order to charge the defendant's cell phone, the police officer of the Guri Police Station F District House and the defendant with a different H was assaulted by the above police officer in his/her hand at one time.

Accordingly, the defendant interfered with the legitimate execution of the police officer's duties related to arrest of flagrant offenders and night service at police stations.

Summary of Evidence

1. Defendants’ legal statement

1. Statement made to H by the police officer;

1. Each written statement of E and I;

1. Photographss and field photographs of the victim's upper part of the body;

1. Application of the Act and subordinate statutes to the CDA (CCTV video storage);

1. The relevant Article of the facts constituting an offense and the choice of a sentence.

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