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(영문) 대구지방법원 2017.11.02 2017고단4629
업무방해등
Text

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

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

Reasons

Punishment of the crime

1. On July 18, 2017, the Defendant: (a) at the “D” entertainment station operated by the victim C in Daegu Suwon-gu, Daegu-gu, A around 23:35 on July 18, 2017, the Defendant: (b) extracted the lines with the monitors in the breater under the influence of alcohol, thereby damaging the market value of the goods.

2. In the same date, time, and place as Defendant 1 who interfered with his duties, the victim’s main business operation was obstructed by force by failing to enter the amusement center by placing his/her happiness, such as putting the monitors over the monitors, and putting his/her employees E, and preventing them from entering the amusement center.

3. 공무집행 방해 피고인은 제 1 항과 같은 일시 및 장소에서, 112 신고를 받고 출동한 대구 수성 경찰서 F 지구대 소속 경위 G, 경사 H으로부터 사건의 경위에 대해서 질문 받자, “ 개새끼야, 너희들 뭐야! ”라고 욕설을 하면서 G의 상의에 부착된 계급장을 잡아 뜯고, 그 옆에 있는 H의 멱살을 수회 흔들고 발로 가슴을 1회 걷어찼으며, 계속해서 피고인을 순찰차에 태우려는 H의 낭 심을 발로 1회 걷어찼다.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the handling of reported cases and criminal investigations by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to H and G;

1. A written statement prepared in I, C, and E;

1. Application of statutes on site photographs;

1. Article 314(1) of the Criminal Act applicable to the facts constituting an offense (the point of interference with business), Article 136(1) of the Criminal Act (the point of interference with the performance of public duties) and Article 366 of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each alternative fine for punishment (not less than the nature of a crime, but not less than the nature of a crime, considering such factors as the fact that the defendant is closely against the crime, the fact that the victim C and the defendant have agreed smoothly with the victim, and the first offender who has no record of a 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.Article 70(1) and (2) of the Criminal Act to attract a workhouse.

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