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(영문) 인천지방법원 2018.06.19 2018고단2749
업무방해등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. On January 6, 2018, the Defendant interfered with his/her duties, after eating food at the “E” restaurant operated by the victim D (37 taxes) located in Yeonsu-gu Incheon Metropolitan City, Yeonsu-gu, Seoul, and then listen to the food cost, and he/she is not a swine machine but a swine machine.

I would like to appraise the land of the city with the state and water.

“Along with the fact that the victim’s restaurant business was obstructed by force between approximately 40 minutes, such as the victim’s cafeteria employee F, bringing an article to the cafeteria employee and taking a large sound, etc.

2. Around 01:50 on January 6, 2018, the Defendant interfered with the performance of official duties, at the place indicated in paragraph (1) above, and at the time when the police officer G of the Incheon Regional Police Agency, who was called by the Defendant upon receiving a report of 112 that the Defendant avoided disturbance, entered the personal information of the Defendant in the pocket book, the Defendant took the above pocket book back, cut off the H’s breath, H’s breath, and h’s breath by hand, h’s breath and left shoulder, and h’s face of the police officer of the Yeonsu-gu Police Agency, who called the Defendant due to the left blue of the blue.

As a result, the defendant interfered with the legitimate execution of duties of a police officer's 112 report and dispatch duty.

3. On January 6, 2018, at around 01:50, the Defendant damaged the entrance door owned by the victim to the extent of KRW 1,250,000 as repair cost, by walking the entrance door out of the restaurant, after being arrested under suspicion of interference with the performance of official duties due to the act described in paragraph 2, such as the act described in paragraph 2.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made against H, J, D, and F;

1. Written estimate;

1. Application of investigation report (STV image verification), investigation report (verification of suspect’s motion picture submitted) Acts and subordinate statutes;

1. Article 314(1) of the Criminal Act applicable to the facts constituting an offense (the point of interference with business), Article 136(1) of the Criminal Act (the point of interference with the performance of public duties) and Article 366 of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (limited to cases where a person interferes with the execution of each official duty);

1. Selection of an alternative fine for punishment;

1. The aggravated Criminal Act for concurrent crimes.

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