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(영문) 인천지방법원 2016.06.16 2016고단1146
업무방해
Text

Defendant

A shall be punished by a fine of KRW 5 million, and Defendant B shall be punished by a fine of KRW 3 million.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. On February 17, 2016, at around 04:30 on February 17, 2016, Defendant A, while drinking alcohol with “E” restaurant operated by the victim D in Bupyeong-gu Incheon Metropolitan City, Defendant A, as a result, had the victim and the next teb customer take a place by smoking tobacco in the interior while drinking alcohol with the victim D, Defendant A, and Defendant A also had the victim take a bath against the victim, and the customer on the next tebb, “hon febs shall be his superior.”

Along to about 30 minutes, such as putting a bath, and raising trial expenses, customers were forced to leave the place.

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

2. Defendant B received a report from 112 on the fact that there was a person who frighting in the place specified in paragraph (1) at the time, time, and at the place specified in paragraph (1), and reported that the circumstances belonging to the F District of the Bupyeong Police Station G, the Defendant, who was called out, arrested the Defendant, as a flagrant offender, who was suspected of obstructing the Defendant’s duty, to the charge of interfering with the Defendant’s duty. Defendant B “F District of the Bupyeong Police Station,” and “F District Ma, Ma, Ma, Ma, Ma, Ma, Ma, the left face of the Defendant

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on arrest of flagrant offenders.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to D, G, and H;

1. Written statements of D;

1. Application of the Acts and subordinate statutes on the part of the injured party's wife;

1. Relevant legal provisions and Defendant A who choose a sentence on criminal facts: Article 314(1) of the Criminal Act (the point of obstructing the performance of official duties and select a fine): Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties and select a fine);

1. Defendants to be detained in a workhouse: Articles 70 and 69(2) of the Criminal Act

1. Defendants of the provisional payment order: (a) although the reasons for the sentencing of Article 334(1) of the Criminal Procedure Act, the Defendants’ act of abusing violence against the police officers dispatched after the Defendants interfered with the restaurant’s business and received a report, they should be punished strictly; (b) however, there was an agreement with the victim D solely with the victim; (c) Defendant B was the initial offender; and (d) deposited KRW 50,000 for the recovery of damage.

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