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(영문) 인천지방법원 2017.01.25 2016고단8052
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 19, 2016, from around 21:20 to 21:41 the same day, the Defendant: (a) sought a request from the victim H on the first floor of the Nam-gu Incheon Nam-gu G G 1 without any justifiable reason to cover a trial cost to the victim and to request the victim from the damaged; and (b) whether he/she will undergo a cryp funeral.

“Along with a large voice, customers who were in a disturbance, such as setting up a entrance, and prevented them from entering the singing room, thereby obstructing the victim’s singing business by force.

2. The Defendant, at around November 19, 2016, insulting 21:41, at the I Singing practice place located on the first floor of the Nam-gu Incheon Metropolitan City, Nam-gu G 1, G underground, for the said reasons, sent to the site after receiving a report from H’s 112 for the said reasons, whether the Defendant is the victim K, a policeman affiliated with the Jandong Police Station of Incheon Southern Police Station, who called the Defendant “a police officer affiliated with the Jandong Police Station of the Incheon Metropolitan City, who is a police officer of the Jink-gu, Seoul: (a)

alcoholic beverages are legally defined;

Neither the police may do so;

Cor close to the tax payment, the victim was openly insultingd by publicly speaking at a large level in front of H, referring to “Choe Ma”.

3. On November 19, 2016, at around 22:00, the Defendant obstructed the performance of official duties, who was demanded from the said K to not take a bath at the singing practice place located on the first floor of the Nam-gu Incheon Metropolitan City G G 1, Nam-gu, and assaulted with the left hand to the K by cutting the ebbbb, and continuously sticking to the K.

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention, suppression and investigation of police officers' crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to K in the police statement;

1. A H statement;

1. Application of the statutes to a reply to inquiry, such as an internal and external photograph, identification letter, a motor vehicle driver's license copy, suspect photographic video CD, criminal history, etc.;

1. Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties) and Article 314(1) of the Criminal Act (the point of obstructing the performance of official duties) for criminal facts.

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