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(영문) 수원지방법원 안양지원 2016.06.09 2016고단254
업무방해
Text

Defendant

A A shall be punished by a fine of KRW 1.5 million, and Defendant B shall be punished by a fine of KRW 4 million.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. The Defendants, at around 17:30 on January 23, 2016, 17: (a) 17:30, 2016, she fighted the body of each other while drinking alcohol in the “E” restaurant operated by the victim D ( South, 44 years of age) of the only-gu Manyang-si C; (b) she saw the passengers who were seated on the next table; and (c) she sawd the passengers F while taking a bath; and (d) during the process of mutual assault, the Defendants she saw the disturbance for about 10 minutes, such as the damage to the said cafeteria, and caused the customers in the said cafeteria.

Accordingly, the Defendants jointly interfered with the victim's work by force.

2. On January 23, 2016, the Defendant solely committed a crime (Interference with the performance of official duties) committed by Defendant B (hereinafter “Defendant”) out of a restaurant by a slope H ( South : 35 years old) affiliated with G District Unit dispatched to the site after receiving a report that his duties interfered with, as described in paragraph (1) at around 17:45, 2016, and then, in order for the said slope to be genuine for the Defendant.

“ ............ the strokeed the stroke of the said slope by his hand, and assaulted the said slope.

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention, suppression and investigation of police officers' crimes.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made with H and D;

1. Each investigation report (19 pages of evidence, statements by police officers called the scene, hearing of witness I's statements);

1. Application of statutes on field photographs;

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: Articles 314(1) and 30 of the Criminal Act; the choice of a fine (including the confession of the crime of this case, the violation that the victim did not want the punishment of the defendant by mutual consent with the victim interfering with the business; and the fact that the defendant has no record of criminal punishment)

B. Defendant B: Articles 314(1) and 30 (a) of the Criminal Act; Article 136(1) of the Criminal Act (a) of the Criminal Act; Article 136(1) (a) of the Criminal Act; and the choice of each fine (abstinance with the execution of official duties).

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