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(영문) 인천지방법원 2017.01.26 2016고단7815
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 16, 2016, the Defendant: (a) around 22:55 on August 16, 2016, at the “E” restaurant operated by the victim D located in Yeonsu-gu Incheon Metropolitan City, the Defendant would not sell the Defendant with the same alcohol as being under the influence of alcohol.

A. B. B. on the ground of the fact that the victim said that it was “I am, I am, I am, I am, I am, I am, I am, I am, bit bit bit bit.” The expression “I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am on the part of the victim.”

The victim's restaurant operation work was interfered with by force over about 50 minutes, such as putting jums on jums.

2. The Defendant interfered with the performance of official duties, and at the same time and place as Paragraph 1, “the Defendant is under the influence of alcohol to other customers.”

’ 라는 내용의 112 신고를 받고 출동한 인천 연수경찰서 F 지구대 소속 경찰 공무원인 경위 G이 피고인을 상대로 신고 내용을 확인한 후 피고인을 현행 범인으로 체포하자, 큰 소리로 “ 야 씹할 놈 아, 경찰이면 다야. 개새끼야. ”라고 욕설을 하면서, 발로 G의 양쪽 정강이를 수회 걷어찼다.

Accordingly, the defendant interfered with the police officer's legitimate performance of official duties on 112 reporting processing and arrest of flagrant offenders.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Written statements of D;

1. Application of Acts and subordinate statutes to a investigative report (to attachCCTV images);

1. Relevant Article 314(1) of the Criminal Act, Article 314(1) of the Criminal Act (the point of interference with business), Article 136(1) of the Criminal Act (the point of interference with the performance of public duties) and the choice of imprisonment for each crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. Application of the sentencing criteria;

(a) Category 1 (Interference with Business).

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