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(영문) 제주지방법원 2015.10.08 2015고단1210
공무집행방해등
Text

Defendant

A Imprisonment for eight months, and Defendant B shall be punished by a fine of 5,00,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

1. On August 26, 2015, the Defendant committed the crime of interference with Defendant A’s business: (a) around 00:20 on August 26, 2015, in order to refrain from calculating the drinking value in the “G” entertainment drinking tavern in the “G” operated by the victim F, who was in Jeju Island; (b) sought to see female employees who were in the next place of the drinking beer and be inception; (c) was under the influence of alcohol; and (d) obstructed the victim’s bar business by coercioning the reported signals to other customers; and (d) obstructed the victim’s bar business business by force.

2. Defendant A and Defendant B committed the obstruction of performance of official duties at the same place on the same day and at around 01:10 on the same day as above; Defendant A and Defendant B, upon receipt of a report from the head of Jeju Dong-dong Police Station H District Unit of the Jeju Dong-dong Police Station, who was called as above, to confirm the circumstances of the case, and Defendant B attempted to arrest Defendant B’s chest by saying, “I’s back-to-face and bucks, I want to die. I want to die. I want to do so. I want to walk back. I’s back-to-face and bucks. I walk back and walk the bucks. I want to arrest Defendant B, who tried to arrest Defendant B, with his face.”

As a result, the Defendants conspired to wear police uniforms and interfered with legitimate execution of duties concerning I and J's crime prevention and suppression.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to F and I;

1. The K's statement;

1. Each report on investigation;

1. Application of the Acts and subordinate statutes concerning photographs of damaged parts and interference with business;

1. Article applicable to criminal facts;

A. Defendant A: Article 314(1) of the Criminal Act, Articles 136(1) and 30 of the Criminal Act

B. Defendant B: Articles 136(1), 30(1), 30(1), and 40 and 50 of the Criminal Act

1. Selection of punishment;

A. Defendant A: Selection of imprisonment with prison labor

B. Defendant B:

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