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(영문) 서울북부지방법원 2013.11.21 2012고정3003
업무방해등
Text

Defendant

A and C shall be punished by a fine of KRW 4 million, and Defendant B shall be punished by a fine of KRW 700,000.

The Defendants respectively.

Reasons

Punishment of the crime

1. Defendant A, Defendant C, and Defendant C violated the Punishment of Violence, etc. Act (joint assault) around September 22 and 50, 2012, around Gjuk operated by the F on the first floor of Dongdaemun-gu Seoul, Dongdaemun-gu Seoul, and expressed a bath to the victim H (the age of 51) who was a customer at the same time without any special reason under the influence of alcohol, Defendant A expressed a bath to the victim H (the age of 51). Defendant A had the face of the victim one time as a drinking, and Defendant C was the victim of beer disease.

As a result, Defendant A and C assaulted the victim jointly.

2. The Defendants interfered with the duties of the Defendants without any justifiable reason under the influence of alcohol at the above date, time, and place. Defendant A assaulted Defendant A with drinking alcohol, Defendant C was scaming with beer disease, and the Defendants committed scam over about 15 minutes, such as scaming large sounds.

Defendant

B was indicted with Defendant C to the effect that he collected beer disease, and interfered with the victim’s business by putting large sounds together with Defendant A and C. However, as seen below, there is no evidence to acknowledge the fact that Defendant B was suffering from beer disease as seen in the lower part of innocence, and thus, Defendant B’s conduct of obstruction of business, which Defendant B shared, can only be recognized as having a large sound with other Defendants.

Accordingly, the Defendants conspired to interfere with the victim F's main business.

3. Defendant A and C’s obstruction of performance of official duties at the above date, at the above location, at the above location, and at the police station affiliated with the Dongdaemun Police Station, Defendant A and C, who was called upon the 112 report, took a bath, boomed I’s breath, and Defendant C, who was in his hand the breath’s breath, attempted to boom the breath’s breath, and breath’s breath’s hand, and flad the breath’s hand.

As a result, Defendant A and C conspiredd to interfere with the legitimate execution of duties by police officers on site mobilization.

Summary of Evidence

1. The legal statement of the witness F (which was made on the seventh trial date), and the witness H’s legal statement;

1. A witness I and J in the second trial records.

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