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(영문) 서울동부지방법원 2014.10.23 2014고단1903
재물손괴등
Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for four months.

However, this decision is delivered to the Defendants.

Reasons

Punishment of the crime

1. Defendant A

가. 업무방해 피고인은 2014. 5. 25. 00:01경부터 같은 날 00:40경 사이 서울 강동구 D 있는 피해자 E이 운영하는 ‘F’ 주점에서 동생인 B과 집안 이야기를 하다가 기분이 언짢아져 서로 욕설을 하며 다투다가 흥분하여 탁자 위에 있던 술병과 접시를 깨뜨리고, 탁자를 엎는 등 소란을 피워, 손님들을 그 곳에서 떠나게 하였다.

Accordingly, the Defendant interfered with the victim's bar business by force.

B. The Defendant causing property damage at around 00:40 on the same day, at the same place as the above, destroyed the 200,000 won in aggregate, which is the victim’s possession, by breaking two heads of the drinking branches in glass adjacent to the table, which were on the table, while sitting in the table, drinking, drinking, and talking with the table, at around 00:40 on the same day.

Accordingly, the defendant damaged the victim's property.

2. At around 00:45 on the same day, the Defendants’ co-principal Defendants attempted to arrest Defendant A as a flagrant offender due to the criminal facts set forth in Paragraph 1 by the Seoul Gangseodong Police Station G District G District, which was called upon a 112 report at the above place, and the Defendant A expressed the intent to the above H that “I’s chest is a police officer of the Republic of Korea, singing, and singinging out.” The Defendant B used the Defendant’s chest at one time as drinking, regardless of the flabing of the flab, and used the flab, carried the flab, carried the flab, carried the flab, carried the flab, carried the flab, carried the flab, carried the flab, carried the flab, carried the flab, and fladed the Defendant B’s chest.

Accordingly, the Defendants conspired and interfered with the legitimate execution of duties concerning the arrest of police officers.

Summary of Evidence

1. Defendants’ legal statement

1. Each police statement of H, I, and E;

1. Application of Acts and subordinate statutes governing evidence photographs;

1. Article 136(1) of the Criminal Act applicable to the crime A: Articles 366 and 314(1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Code of the Commercial Competition.

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