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(영문) 서울북부지방법원 2015.06.02 2015고단1106
업무방해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. On March 18, 2015, around 21:20, the Defendant: (a) sought alcohol from the E main points in the operation of the Victim D in Gangnam-gu Seoul, Gangnam-gu; and (b) the vice president F, who was in charge of the 1 and 5 coaches of the E main points, told the Defendant not to sell alcohol on the ground that the Defendant was under the influence of alcohol even before the Defendant was found to have been under the influence of alcohol and did not pay the alcohol value; and (c) the vice president F, who was in charge of the 1 and 5 main points, did not pay the alcohol value.

The Defendant, on the ground that the F would not sell alcoholic beverages to himself, was trying to walk the speaker who was in the place on the ground that the F would not sell it, and the said F would not allow customers to enter the place for about 20 minutes, such as her the quality of a way to talk with him.

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

2. 공무집행방해 피고인은 2015. 3. 18. 21:40경 제1항에 기재된 E주점에서 제1항에 기재된 것과 같이 술에 취해 욕설을 하고 행패를 부리던 중 112신고를 받고 출동하여 이를 제지하던 서울강북경찰서 G지구대 소속 경찰관인 경위 H에게 "이 병신 고자 새끼들! 니들이 짭새 경찰이냐 니들은 죽창으로 니 애비를 찔러 죽일 나쁜 경찰 새끼들!"이라고 욕설을 하면서 팔꿈치로 위 H의 가슴을 1회 때리고, 뒤로 돌면서 주먹으로 위 H의 얼굴을 1회 때렸다.

As a result, the Defendant interfered with the legitimate execution of duties concerning the handling of police officers H 112 reported cases and the prevention and control of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of partially the accused by the prosecution;

1. The prosecutor's statement concerning the F;

1. Each police statement made to H and I;

1. Application of Acts and subordinate statutes of J;

1. Relevant Article 314(1) of the Criminal Act, Article 136(1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;

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