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(영문) 창원지방법원 2014.08.20 2014고단660
공무집행방해등
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. 업무방해 피고인은 2013. 12. 18. 22:20경부터 같은 날 22:40경까지 창원시 성산구 C에 있는 피해자 D이 운영하는 ‘E주점’에서 혼자 술을 마시던 중, 갑자기 피해자에게 “야, 이 씨발년아, 그따위로 할거야 죽고 싶어 ”라고 소리치며 손을 들어 때릴 듯한 행동을 하고, 그곳에 있던 이름을 알 수 없는 손님들에게 “씨발놈아, 뭘 쳐다봐”라는 등 욕설을 하며 시비를 거는 등 소란을 피워, 위 주점에 들어오려던 손님들이 들어오지 못하게 하거나 그곳에 있던 손님들이 나가게 하여, 위력으로써 피해자의 주점영업 업무를 방해하였다.

2. The Defendant had been informed of the disturbance as stated in the above paragraph (1) at the time, place, and the police station of the Changwon Police Station, who was called out after receiving a report of the disturbance, and received a removal from G, the police officer belonging to the Changwon Police Station of the Changwon Police Station, and the police officer, who was called out, continued to take a bath, and was arrested by the above police officer as an offender in the crime of interference with business.

Accordingly, the Defendant: (a) took a bath to the above police officers, such as “this sponsora, a police officer at the same time,” and assaulted the police officers, such as raising drinking to H, drinking to G, and drinking their breasts.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to the prevention, suppression and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the law No. 1 to 3 of the evidence list submitted by the prosecutor

1. Article 136 (1) and Article 314 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. The fact that each of the selective fines is recognized and reflected, and there is no criminal record other than the fine imposed twice due to drinking driving before 2004, and the Defendant is treated as alcohol addiction at the time.

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