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(영문) 대전지방법원 2017.09.05 2017고단1676
업무방해등
Text

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

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

Reasons

Punishment of the crime

[criminal record] The Defendant was sentenced to five months of imprisonment for the crime of embezzlement in the support of the Daegu District Court on June 10, 2014, and completed the enforcement of the sentence in the Daegu Detention House on November 9, 2014.

[Criminal facts]

1. On January 29, 2017, the Defendant: (a) while drinking alcohol at “D cafeteria” operated by the Victim C (51) in Daejeon-gu, Daejeon-gu, Daejeon-gu, on January 29, 2017, the Defendant: (b) took a bath to the victim without any reason while drinking alcohol; (c) took a physical disease on the table as his/her hand; and (d) was a horse guest; and (d) he/she was a horse customer.

Around 30 minutes of the 5 table table, it interfered with the victim's restaurant business by force for about 30 minutes.

2. On the same day as Paragraph 1 and 21:30 on the same day, the Defendant: (a) prevented the performance of official duties; (b) prevented the Defendant from stopping the Defendant, who was called up on the front of the above restaurant and was called up on the front of the restaurant; (c) the security guard F of the Daejeon Police Station Edistrictr of the Daejeon Police Station; and (d) the slope G, who attempted to keep the other customer table, and (d) prevented the police officer

씹할 놈들 아, 와 개새끼들 아 ”라고 욕을 하며 발로 피해 자인 경찰관 G의 다리를 수회 걷어찼다.

As such, the Defendant interfered with the legitimate performance of duties concerning the handling of reports by police officers G 112.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. C’s statement;

1. Slid photographs of lids from a shoulder bottle.

1. Previous convictions: Application of the results of inquiry, such as criminal history, and criminal reporting (Attachment to judgment of repeated crime) Acts and subordinate statutes;

1. Relevant Article 314(1) of the Criminal Act, Article 316(1) of the Criminal Act (the point of interference with business), Article 136(1) of the Criminal Act (the point of interference with the performance of public duties), and 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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is that each crime is a crime committed during the repeated period, and that the crime is a crime committed during the repeated period, and that the crime is committed by force at a restaurant with many and unspecified persons.

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