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(영문) 인천지방법원 2014.11.26 2014고단7312
업무방해등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

1. On August 20, 2014, at around 22:20 on August 20, 2014, the Defendant obstructed the victim’s main business by force by drinking alcohol at the D main points of the victim C’s operation, without any reason, while drinking alcohol to other customers.

2. On August 20, 2014, the Defendant, at around 22:35, expressed a 1112 report at the D main points specified in the foregoing paragraph (1), and received a request to present an identification card from the slope F belonging to the E District District of the Chungcheong Police Station E District, the Defendant expressed that “Ye, E., E.S. E., E., E., E., E., E., E., E., E., E., E., I would grow up, and the width level would be changed.” In doing so, the Defendant expressed a desire to “F’s chest part by hand.”

Accordingly, the defendant assaulted F, a police officer, and obstructed the police officer's legitimate execution of duties related to the handling of 112 reported duties.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. C’s statement;

1. Application of statutes on site photographs;

1. Relevant Article 314 (1) of the Criminal Act, Article 314 (1) of the Criminal Act, Article 136 (1) of the Criminal Act, and the selection of each fine for a crime (such as the fact that an agreement is reached with a victim of interference with business, and that there is only the history of punishment once as a fine for a war veteran, etc.);

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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