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(영문) 인천지방법원 2015.01.21 2014고단8223
업무방해등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. On October 22, 2014, the Defendant: (a) around 00:30 on October 22, 2014, at the “E of the victim D operation in Bupyeong-gu Incheon Metropolitan City” restaurant, the Defendant: (b) had customers, who had been in the restaurant, take a public bath at a large interest when drinking alcohol with F while drinking alcohol; and (c) had customers, who had been in the restaurant, take a public room of the said restaurant, such as fighting with F and the body of the body of the Defendant, and fighting over several food and clothings at the restaurant.

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

2. On October 22, 2014, at around 03:10 on October 22, 2014, the Defendant: (a) laid the beginning of the Samsan-ro apartment 103-dong-ro, Busan, Seo-gu, 105, G away from the floor of the 103-dong, and (b) went to the police station, and went to the 112 report while going to the police station, and was dispatched to the police station; (c) was able to inform I of the personal information of the above G while taking a bath, etc.; and (d) was able to take the above actions from the above I, the Defendant committed assault, such as singing the neck of the said I with his own arms.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning crime prevention and patrol.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to I, J, G, and K;

1. Application of Acts and subordinate statutes of D;

1. Article 314(1) of the Criminal Act of the corresponding Article 314(1) of the Criminal Act for the crime (a point of obstruction of performance of official duties) and Article 136(1) of the Criminal Act;

1. Selection of each selective fine for punishment (the first offender, etc.);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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