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(영문) 인천지방법원 2018.12.20 2018고단6695
업무방해등
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a resident residing near the construction site of a new urban-type residential house located in the Namdong-gu Incheon Metropolitan City, and the victim C is a person responsible for the construction site of the new construction site.

1. On July 18, 2018, from around 16:05 to around 16:45 on the same day, the Defendant obstructed the victim C’s work by force for about 30 minutes, such as drinking alcohol at the construction site of the building site for the building of a new urban-type residential house in Nam-gu, Incheon and the urban-type residential housing, sitting at the entrance of the construction site, and preventing the installation of a concrete building by spreading back ready-mixed vehicles on the floor, thereby obstructing the victim C’s work.

2. On July 18, 2018, at around 16:45, the Defendant: (a) received 112 reports at the construction site at the place indicated in paragraph 1 at around 16:45, the Defendant obstructed the performance of official duties; and (b) was asked to check whether he would interfere with the construction from the border E belonging to the Incheon Southern East Police Station D District, which called the site and sent to the site, the Defendant left the part of the breast part of E, tightly sealed the breast part of E, and filled the drinking chest part on the face of E.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. C’s statement;

1. Application of Acts and subordinate statutes to notify departments related to the report of the case in 112, of field photographs (in the entrance of a suspect construction site), photo of a head who interferes with the performance of duties at the entrance of a suspect construction site;

1. Relevant Article 314(1) of the Criminal Act, Article 316(1) of the Criminal Act (the point of interference with business), Article 136(1) of the Criminal Act (the point of interference with the performance of public duties), and the selection of fines for the crime;

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. A person who interferes with the execution of official duties for the reason of sentencing of Article 334(1) of the Criminal Procedure Act requires a strict punishment in order to protect public authority and establish a legal order.

However, the defendant's mistake is recognized.

. Interference with the business.

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