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(영문) 인천지방법원 2018.05.16 2018고단2004
업무방해
Text

Defendant

A A shall be punished by a fine of 1,500,000 won and by imprisonment of 4 months, respectively.

Defendant

A The above fine shall be imposed.

Reasons

Punishment of the crime

1. Around February 21, 2018, Defendant A, who interfered with the Defendants’ duties, was under drinking with Defendant B and drinking alcohol within the “F” operated by the victim E located in Nam-gu Incheon Metropolitan City, by gathering the soft on the floor, and broken it up, and expressed the victim’s husband, who was unfolded from the chair to the Defendant A, with the floor, “c spons, spons,” and Defendant B sprinked the sprink, and interfered with the victim’s restaurant business by force by abusing the victim’s sponsing the sprink.

2. Defendant B’s interference with the performance of official duties, and the injured Defendant committed assault on the street in front of “F” as indicated in paragraph (1) around February 21, 2018, around 21:25, and the victim H (44 years old) who is the police officer belonging to the Incheon Southern Police Station G District, which was called upon under the 112 report, arrested the Defendant as a flagrant offender interfering with the duty and then was forced to go to the earth, and thereby the injured party’s failure to completely reject the Defendant to take the lock, and turn down the victim’s left hand by hand, thereby hindering the police officer’s legitimate performance of duties concerning the prevention, suppression, and investigation of the crime, and at the same time obstructing the victim’s lawful performance of duties, and causing injury to the pel part of the left part, which requires approximately four weeks medical treatment.

Summary of Evidence

1. Defendants’ respective legal statements

1. The protocol concerning the interrogation of each police suspect against the Defendants

1. Each police statement made to E and H:

1. A damaged photograph;

1. A medical certificate;

1. 112 Reporting case handling table;

1. Application of Acts and subordinate statutes to a report on internal investigation;

1. Article 314(1) of the Criminal Act of Defendant A of the pertinent legal provision regarding criminal facts (a) of the said Act, Article 314(1) of the Criminal Act (a) of the said Act, Article 136(1) of the Criminal Act (a) of the said Act, and Article 257(1) of the Criminal Act (a) of the said Act

1. Articles 40 and 50 of the Criminal Act for the commercial concurrence (Defendant B);

1. As to Defendant A who is selected to be sentenced to a fine, Defendant B.

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