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(영문) 대전지방법원 천안지원 2017.10.12 2016고단2385
업무방해등
Text

A defendant shall be punished by imprisonment with prison labor for not more than six months and by a fine not exceeding five hundred thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. On October 25, 2016, the Defendant violated the Punishment of Minor Offenses Act: (a) around 21:54, the Defendant, while under investigation into the case of assaulting E in the south-dong-dong Police Station D police station D, Nam-gu, Chungcheongnam-gu, Dong-gu, Seoul, the Defendant: (b) provided that, while under the influence of alcohol, the Defendant was under investigation into the case of assaulting E, the Defendant she was her husband, “humping off,” and her husband who was in front of the F, she was flucated with a bruptous speech or behavior at a public office, and her police officer who was under the influence of alcohol.

2. On October 31, 2016, the Defendant interfered with his/her duties was off from the “Ip” of the operation of the victim H located in Nam-gu, Nam-gu, Nam-gu, Seoul Special Metropolitan City around 18:20 on October 31, 2016, and he/she was under the influence of alcohol, and “only within A”.

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3. 재물 손괴 피고인은 2016. 10. 31. 22:43 경 천안시 동 남구 J 소재 ‘K 회사 ’에서, 피해자 L 소유의 샷 시 유리 출입문 1개를 수회 발로 차서 바닥에 떨어뜨리고, 위 출입문이 떨어지는 과정에서 난로에 부딪치게 하여 위 샷 시 유리 출입문 및 난로를 수리 비 1,385,000원 상당이 들도록 손괴하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Ethical letters;

1. Each written statement of M, H and L;

1. Photographs and each on-site photograph;

1. A investigation report (for a suspect A's revocation and disturbance);

1. Statement under the circumstances of the main officer;

1. Application of the written estimate statutes;

1. Relevant provisions of the Criminal Act and Article 314 (1) of the Criminal Act (Interference with business, Selection of Imprisonment), Article 366 of the Criminal Act (the point of destroying property, the choice of imprisonment with prison labor), Article 3 (3) 1 of the Punishment of Minor Offenses Act (the point of disturbance for revocation of main sentence in official document and the selection of fines) concerning the crime;

1. Article 37 (former part), Article 38 (1) 2 and 3, and Article 50 of the Criminal Act to increase concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Protective observation and community service order under Article 62-21 of the Criminal Act;

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