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(영문) 청주지방법원 충주지원 2019.06.26 2019고정105
업무방해
Text

Defendant shall be punished by a fine of three million won.

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

Reasons

Criminal facts

On January 13, 2019, at around 20:30, the Defendant visited the “C” heading “C” heading, located in Chungcheong City B, and she spawddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddd

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. Report on the occurrence of the case;

1. The defendant and his defense counsel asserted that there was a state of mental disability under the influence of alcohol at the time of the instant case.

According to the evidence, the defendant's drinking at the time of the crime of this case is recognized.

However, in full view of the developments and methods of the instant crime, the Defendant’s behavior before and after the instant crime was committed, it is difficult to deem that the Defendant had weak ability to discern things or make decisions due to the alcohol at the time.

In addition, the defendant did not attract fears aged 75 years old, and the police arrested the defendant in the act of committing the crime, so that the arrest of the criminal in the act of crime is illegal and illegal and the evidence collected during illegal arrest is not admissible as illegally collected evidence.

According to the evidence of the judgment, the Defendant interfered with the performance of duties as stated in the judgment, and the judicial police officer, etc. who received the report on this, dispatched to the “C” head office located in the Chungcheong City B, and at the time, the Defendant was able to recognize the fact that he had expressed a desire to harm the victim and sound.

At the time, the Defendant had committed the crime of interference with business against the victim.

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