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(영문) 대구지방법원 2013.11.20 2013고정1855
업무방해등
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. On February 21, 2013, between 01:50 to 02:25, the Defendant: (a) performed mixed alcoholic beverage at the “C” restaurant located in Daegu-gu Nam-gu, Daegu-gu, and (b) carried out approximately 35 minutes of a flusium on the part of the victim D (the 30-year-old-old-old-old-year-old-old-year-old-old-old-year-old-old-year-old-year-old-year-old-year-old-year-old-year-old-year-old-year-old-year-old-year-old-year-old-old-year-old-year-old-year-old-year-old-year-old-year-old-year-old-old-style-old-style-old-style-old-style-style-style-old-style-style-her

Therefore, the Defendant interfered with the operation of the restaurant by the said victim by force.

2. 공무집행방해 피고인은 위 제1항의 일시 장소에서, 업무방해 신고를 받고 출동한 피해자인 남부경찰서 E파출소 소속 경사 F으로부터 제지를 받고 화가 나 술잔을 던지려는 시늉을 하며 양손으로 피해자의 근무복 상의를 잡아당기고 위 피해자가 피고인을 현행범인으로 체포하여 순찰차에 탑승시키려 하자 반항하며 발로 피해자의 허벅지를 수회 걷어찼다.

Therefore, the defendant interfered with legitimate execution of duties concerning the maintenance of order of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. Application of Acts and subordinate statutes to a report on site mobilization in violent incidents;

1. Relevant Article 314(1) of the Criminal Act, Article 136(1) of the Criminal Act, and the choice of each fine 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 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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