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(영문) 인천지방법원 2018.05.02 2018고단1104
업무방해등
Text

Defendant

A shall be punished by a fine of two million won, by imprisonment with prison labor for up to eight months for each of the defendants B.

Defendant

A The above fine shall be imposed.

Reasons

Punishment of the crime

1. Defendant A

A. On January 20, 2018, from around 22:40 to 23:10, the Defendant: (a) while drinking alcohol with the victim D’s main points in the “E” of the victim D’s operation in Seo-gu Incheon Western-gu, the Defendant: (b) had the customer, who had been outside of the main place, fluencing the disturbance, such as engaging in a dispute, a large-scale talk, and fighting; (c) had the customer, who had been outside of the main place.

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

B. The Defendant damaged property at the above time, at the above time, and at the above place, the victim D, who was set up in the latter part of the above main point, destroyed the vehicle by walking a stoferer in an influence of the market price.

(c)

Around January 20, 2018, the Defendant assaulted the victim F (52 years of age) who was a customer at the above place, on the ground that he saw him as the victim, who was a guest at the above place.

2. On January 20, 2018, Defendant B arrested an offender at the same place as Paragraph (1) around 23:10, who interfered with his/her duties as a current offender. On January 21, 2018, the Defendant assaulted Defendant B, without any particular reason, on the part of the police officer of the Incheon Seo-gu Incheon Western Police Station H District located in Seo-gu, Incheon, Seo-gu, Incheon, on the 21st day of Jan. 21, 2018.

As a result, the defendant interfered with legitimate execution of duties of police officers in criminal investigations.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the interrogation of the suspect against the defendant B by the prosecution;

1. Statement made to I by the police;

1. Each statement of D and F;

1. Application of Acts and subordinate statutes notifying departments related to 112 reporting of the case;

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: Article 314(1) of the Criminal Act (a) (a point of interference with business), Article 366 of the Criminal Act (a point of damage to property), Article 260(1) (a) of the Criminal Act (a point of violence) and each decision of fine

B. Defendant B: Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties) and the choice of imprisonment

1. Defendant A who has aggravated concurrent crimes: Criminal Act.

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