logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2017.02.23 2016고단7938
업무방해
Text

Defendant

A A shall be punished by a fine of 3,000,000 won, and Defendant B by imprisonment for six months.

Defendant

A does not pay the above fine.

Reasons

Punishment of the crime

1. On October 16, 2016, Defendant A, at around 18:00, obstructed the victim’s restaurant business by force, by drinking b and alcoholic beverages, which are the folder in the restaurant operated by the victim E located in Bupyeong-gu Incheon Metropolitan City, and allowing other customers who were at the same place, to take a sound and take a bath to customers.

2. Defendant B

A. The Defendant interfered with the duties of the Defendant, at the time and place specified in paragraph 1, interfered with the victim’s restaurant business by force, by having the Defendant gather the so-called “incination and request” from the victim of the said A’s failure, and let the customers who had been on the said place go together with the so-called “incination and request.”

나. 공무집행 방해 피고인은 2016. 10. 16. 22:20 경 인천 부평구 F 소재 G 지구대에서 전항 기재와 같이 업무 방해 혐의로 현행범인 체포되어 조사를 받고 석방된 후 다시 찾아와 소란을 피우던 중 경사 H으로부터 ‘ 귀가 하라’ 는 요구를 받자 H에게 “ 씹할 니가 체포하면 어떻게 할 건데, 배때기에 살쪘냐

At the same time, a police officer's legitimate performance of official duties was obstructed by taking two times as he / she takes a bath and takes two times as he / she drink.

Summary of Evidence

1. Defendants’ respective legal statements

1. A simplified statement of E preparation;

1. Statement made to H and I by the police;

1. Application of the Acts and subordinate statutes to photograph the victim by capturing him/her;

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

A. Defendant A: Article 314(1) of the Criminal Act; selection of fines

B. Defendant B: Article 314(1) of the Criminal Act (a) of the Criminal Act; Article 136(1) of the Criminal Act (a) of the Criminal Act (a point of obstructing the performance of official duties) and each choice of imprisonment with prison labor

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

1. Article 70(1) and Article 69(2) of the Criminal Act on the confinement of a workhouse (Defendant A);

1. Article 62(1) of the Criminal Act (Article 62(1) of the Suspension of Execution (Defendant B) (The consideration of favorable circumstances among the reasons for sentencing as follows);

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act are as follows.

arrow