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(영문) 대구지방법원 2017.05.25 2017고단561
업무방해등
Text

Defendants shall be punished by imprisonment for six months.

However, the above judgment against the Defendants for two years from the date of this judgment became final and conclusive.

Reasons

Punishment of the crime

"2017 Highest 561"

1. On January 12, 2017, from around 03:25 to around 03:50 of the same day, Defendant A stated that “I am in the restaurant” with the victim D (n, 56 years of age) located in Busan Jin-gu to enter the restaurant while drinking alcohol together with the driver B, etc. from the cafeteria, Defendant A am going to the restaurant, and am in the above restaurant.” The Defendant am to the victim who received a claim from the victim, “I am in the above restaurant kn, I am, I am, I am, I am, I am, I am.”

It was difficult to avoid disturbance, such as taking a bath, which reads "in doing harm" in this Chewing year.

Accordingly, the defendant interfered with the victim's restaurant business by force.

2. Defendant B, upon receipt of a report at the date and time, at the place specified in paragraph (1) and in order to arrest Defendant B, who was a public official G (38 tax) who is the police officer belonging to the Busan Police Station F District, to arrest Defendant B as an offender of the crime of assault.

As a result, the defendant interfered with the legitimate execution of duties of police officers in criminal investigations.

On December 4, 2016, the Defendant: (a) around 01:09 on December 4, 2016, the Defendant: (b) under the influence of alcohol, destroyed the said car to the repair cost of KRW 963,028 by blocking the front of the said car, which is owned by the victim, and blocking the front of the said car and the front part of the said car, on the ground that the victim J, from behind the Defendant, she had a view to several times.

Summary of Evidence

"2017 Highest 561"

1. Defendants’ respective legal statements

1. "Written Statement of the Police with Respect to D, L, and G" 2017 Highest 1324;

1. Defendant A’s legal statement

1. Statement made by the police to J;

1. Application of the statutes governing estimates for repair;

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

A. Defendant A: Article 314(1) of the Criminal Act (the point of obstructing business), Article 366 of the Criminal Act (the point of destroying property), and each choice of imprisonment.

A. Defendant B: Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties) and the choice of imprisonment

1. The defendant A who has aggravated concurrent crimes:

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