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(영문) 인천지방법원 2017.10.26 2017고단5866
업무방해
Text

Defendant

A shall be punished by a fine of 70,000 won and by imprisonment of 4 months for each of the defendants B.

Defendant

A does not pay the above fine.

Reasons

Punishment of the crime

1. Defendant A around July 14, 2017, at around 23:30, the main point of “E” operated by the victim D in Yeonsu-gu Incheon Metropolitan City, and obstructed the victim’s main main business by force by avoiding a disturbance for about 10 minutes, such as drinking F and alcohol, and destroying the beer residues on the floor while drinking.

2. around 00:02 on July 15, 2017, the Defendant committed assault, such as: (a) the Defendant arrested the Defendant A, who performed alcohol with the Defendant, to take the back seat of the patrol vehicle, to have the Defendant take passengers on the back seat of the patrol vehicle, to have the Defendant get off the patrol vehicle and to have the Defendant get off the patrol vehicle, and to have the H take off the chest of the H, who controlled the Defendant A by drinking while under the influence of alcohol.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the control of crimes.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police with H;

1. Written statements of D;

1. Application of the Acts and subordinate statutes for investigation reporting;

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

A. Defendant A: Article 314(1) of the Criminal Act; selection of a fine (it does not agree with the victim, but is the first offender; and it is against his/her mistake)

B. Defendant B: Article 136(1) of the Criminal Act; Article 136(1) of the Criminal Act; the choice of imprisonment

1. Defendant A who is detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendant B: Article 62 (1) of the Criminal Act;

1. Defendant A of the provisional payment order: The reason for sentencing of Article 334(1) of the Criminal Procedure Act (the scope of the recommended sentence) (the scope of Defendant B) (the scope of the recommended sentence) where the mitigation area (one month to eight months) (the special mitigation person), the degree of violence, intimidation, deceptive scheme, or interference with the performance of official duties is minor (the decision of sentencing).

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