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(영문) 인천지방법원 2017.09.07 2017고단5118
업무방해등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

1. On May 15, 2017, from around 01:20 to from around 01:50 on the same day, the Defendant obstructed the victim’s restaurant business by force, such as: (a) having expressed a desire to “this kind of knick”; (b) having the victim, who is suffering from disturbance, after drinking alcohol at the “D” restaurant operated by the victim C; and (c) having requested the victim, who is suffering from disturbance, to return home, to pay the drinking value; and (d) having received the disturbance, the Defendant: (c) having been under the influence of the victim’s restaurant business.

2. 공무집행 방해 피고인은 2017. 5. 15. 02:10 경 인천 남구 B에 있는 ‘D’ 식당 앞에서 제 1 항과 같은 이유로 112 신고를 받고 출동한 인천 남부 경찰서 E 파출소 소속 경찰관인 경사 F, G이 술값을 지불하고 귀가할 것을 권유하자, 위 식당 사장인 C에게 “ 이런 씨 발, 돈 냈잖아!

“Absent, without paying the drinking value, the bathing room, and cost, and the police officer continued to comply with the police officer’s demand for returning home, arresting the offender as the current offender of the crime of interference with his duties, and assaulting F such as the defect of carrying the Defendant on the patrol vehicle, walking the F’s bridge four to five times, thereby obstructing the police officer’s legitimate performance of duties concerning the handling of reports and arrest of flagrant offenders.

3. Around 02:20 on May 15, 2017, the Defendant: (a) assaulted F as set forth in paragraph 2 in front of the “D” restaurant located in Nam-gu Incheon Metropolitan City, and 10 people, including the above restaurant operators and customers, expressed the victim F with a large voice of “this weather gue gue” to the victim F, thereby openly insulting the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement with respect to C and F;

112 Application of the 112 Reporting List, photographs, field photographs, and statutes;

1. Relevant Article 314(1) of the Criminal Act, Article 316(1) of the Criminal Act (the point of interference with business), Article 311 of the Criminal Act (the point of interference with the performance of official duties), Article 311 of the Criminal Act, the selection of fines for the crime;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act is based on the order of provisional payment.

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