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(영문) 의정부지방법원 2014.07.14 2014고단1536
업무방해등
Text

Defendant shall be punished by a fine of KRW 3,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On February 4, 2014, at around 20:20, the Defendant obstructed the victim’s restaurant business by entering a “D” restaurant operated by the victim C in Sacheon B, and by force, such as interfering with the victim’s restaurant business, on the ground that male customers who drink and drink drinking at the same place from around 22:30 of the same day to 23:00 of the same day and drink drinking and drink drinking, and require the alcohol value by having the male customer’s table and invoice, which drinks drinking at the same place. However, the Defendant interfered with the victim’s restaurant business by interfering with the victim’s restaurant business on the ground that the male customers refused it.

2. On February 4, 2014, at around 22:55, the Defendant insultingd the victim by openly insulting the victim F with a large sound as “the same spawn” among the cafeteria employees G, etc., on the ground that the E District Police Officer F, who was dispatched to the site after receiving a report of 112 by avoiding disturbance at the said place, recommended the victim to calculate the drinking value and return home.

3. Performance of official duties.

A. The Defendant, at the above date and at the above place, caused F to pay the food value on several occasions and encourage F to return home, thereby obstructing F’s legitimate execution of duties concerning the mobilization of F’s 112 reporter’s 112 report, by walking the right bucks in several times.

B. At the above date, at the above place, the Defendant assaulted F, and obstructed the Defendant’s lawful execution of duties concerning the arrest of the police officer in the act of committing a crime of obstruction of performance of official duties, where the Defendant Ha was to arrest the Ha on one occasion the chest of Ha on the part of the police officer who tried to arrest him as an act of obstruction of performance of official duties.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Application of each police protocol to F and H

1. Article 314(1) of the Criminal Act applicable to the relevant criminal facts, Article 311 of the Criminal Act, and Article 136(1) of the Criminal Act (the point of obstructing performance of official duties) of the same Act;

1. The Commercial Concurrent Crimes Act.

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