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(영문) 인천지방법원 2017.11.09 2017고단5124
업무방해등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[criminal records] On July 13, 2016, the Defendant was sentenced to the suspension of the execution of imprisonment with prison labor for six months at the Seoul Central District Court on July 21, 2016, and the judgment became final and conclusive on July 21, 2016.

[Criminal facts]

1. On July 2, 2017, at around 03:50, the Defendant obstructed the victim’s restaurant business by force by driving approximately 15 minutes of a 15-minute, including, but not limited to, drinking at the “E” of the victim D’s operation in Bupyeong-gu Incheon, Incheon, the Defendant obstructed the victim’s restaurant business by driving around the victim’s restaurant business.

2. On July 2, 2017, the Defendant: (a) obstructed the performance of official duties at the above location, on the ground that he was subject to the removal from business interference by the police box of the Incheon Samsan Police Station, which was dispatched after receiving a report of 112, on the ground that he was the police box belonging to the police box of the Incheon Samsan Police Station, and who was in the presence of the police box G, and who was in the presence of the police box of G one time from walking back.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the prevention and suppression of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Written statements of D;

1. Records before and after the judgment: In response to inquiries, text of judgment [it cannot be deemed that the defendant lacks the ability to discern things or make decisions in relation to the ability to discern things at the time of committing the crime, in light of the specific details and contents of the crime, expressions by which the defendant refers to police officers or police stations at the scene, the prior recognition of the habits, and the behavior before and after committing the crime];

Application of Statutes

1. Relevant Article 314(1) of the Criminal Act, Article 316(1) of the Criminal Act, Article 136(1) of the Criminal Act, and the choice of a fine concerning the crime (the following grounds for sentencing shall be considered);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act with respect to the order of provisional payment cannot be denied by the defendant that has the inherent habit of certain main violence.

(b).

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