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(영문) 인천지방법원 부천지원 2015.10.30 2015고단2573
업무방해등
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On September 16, 2015, the Defendant: (a) around 02:00 on September 16, 2015, at the D main point of the victim C’s operation, the Defendant was unable to avoid disturbance for about 50 minutes, including: (b) the Defendant, while drinking alcohol, by creating a threatening atmosphere while drinking alcohol; and (c) having customers working there at the main point.

Accordingly, the defendant interfered with the victim's main role operation by force.

2. At around 02:50 on September 16, 2015, the Defendant: (a) obstructed the performance of official duties; (b) on the charge of assaulting Party E, the Defendant: (c) obstructed the police box belonging to the House of Macheon-gu Police Station; (d) obstructed the police box; (e) obstructed the Defendant’s request for boarding the police box by G during the process of arresting the flagrant offender by the Police Council, Ha, Ha, Ha, and Haman; and (e) obstructed the body of G by hand from 6 to 7 times.

Accordingly, the defendant interfered with the legitimate execution of official duties by police officers on arrest of flagrant offenders.

3. 모욕 피고인은 2015. 9. 16. 03:20경 부천시 오정구 K에 있는 부천오정경찰서 F파출소에서, 위와 같이 현행범인 체포되어 위 파출소로 인치되어 온 다음 폭행 피해자인 E과 그의 아들 등이 지켜보는 가운데 피해자인 위 G 경위에게 “너 나이가 몇 살이냐 야, 개새끼야. 짭새야. 녹음해.”라는 등의 욕설을 하였다.

Accordingly, the defendant openly insultingd the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. G statements;

1. A complaint;

1. Application of Acts and subordinate statutes to a criminal investigation report (a witness statement related to interference with affairs, a written statement of wish to punish, confirmation of the meaning of attachment of a complaint, verification of the time of crime

1. Relevant Article 314(1) of the Criminal Act, Article 314(1) of the Criminal Act, Article 136(1) of the Criminal Act, Article 311 of the Criminal Act and the choice of fines for the crime;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The Criminal Procedure Act;

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