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(영문) 인천지방법원부천지원 2020.11.04 2020고단1636
업무방해등
Text

Defendant shall be punished by a fine of 6 million won.

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Punishment of the crime

1. On April 3, 2020, at around 01:37, the Defendant obstructed the operation of the restaurant by the victim, by force, the Defendant interfered with the operation of the restaurant by the victim, even though the Defendant was refused to request the service from the victim at the “D” restaurant operated by the victim C, which is operated by Geumcheon-gu Seoul Metropolitan Government Geumcheon-gu. However, the Defendant continued to take the victim out of the restaurant by large sounds, and requested the victim to take out the restaurant. The Defendant continued to take a bath, took a mobile phone toward the victim. The Defendant interfered with the operation of the restaurant by force.

2. Performance of official duties;

A. The Defendant assaulted F, at the same time, at the same time as, and at a place as, the foregoing paragraph as, the foregoing paragraph, and received a report from F, who was sent out after being informed of the disturbance, thereby obstructing the Defendant’s legitimate execution of duties in relation to the handling of F’s 112 reported duties by police officers, by assaulting F, such as: (a) he was informed by F, the Gyeongcheon Police Station E-gu Seoul, Seoul; (b) he was informed by F, to the face of F; (c) when he was exposed to F’s face; and (d) when he fells into F’s face, he was able to fall off on the floor.

B. On the same day as above 02:05 day, the Defendant arrested a flagrant offender suspected of obstruction of performance of official duties on the front of the restaurant, and was transferred to the patrol vehicle by G with a patrolman belonging to the said patrol group, the Defendant obstructed legitimate execution of duties concerning the investigation of crimes by G, a police official, by committing an assault, such as making a boom, taking a bath, unfolding the G with his hand, and overing the left arms of G with his hand.

Summary of Evidence

1. The defendant's legal statement G, each police statement about F;

1. Each statement of H and C;

1. Application of Acts and subordinate statutes to investigation reports (on-site CCTV images verification);

1. Relevant Article 314 (1) of the Criminal Act and Article 314 (1) of the Criminal Act (the point of interference with business and the choice of fines) concerning criminal facts, and Article 136 (1) of the Criminal Act (the point of obstruction of performance of official duties

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 of the Criminal Act for the detention of a workhouse.

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