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(영문) 대구지방법원 2018.04.19 2018고단104
업무방해등
Text

Defendant

A Imprisonment for six months, and Defendant B shall be punished by a fine of two million won.

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

1. Defendant A

A. From around 02:30 on December 23, 2017 to 04:00 on the same day, the Defendant: (a) obstructed the business affairs of the Defendant; (b) obstructed the business affairs of the Defendant; (c) obstructed the Plaintiff’s singing room from around 02:30 on December 23, 2017 to around 04:0; and (d) obstructed the Plaintiff’s singing-making business by force; (c) obstructed the Defendant’s singing-making business affairs by avoiding any disturbance by force; and (d) obstructed the Plaintiff’s musical monitoring at around nine million won for repairing microphones, monitors, etc.

B. The Defendant obstructed the performance of special official duties at the same time, place as the preceding paragraph, and the police officer F, who was dispatched after being reported 112, and the instant guards of G, were drunkly drunk to ask for a fire extinguisher, which is a dangerous object, and used a dangerous object, and assaulted by the foregoing F, etc., again, such as drinking and burning, booming the F with his hand, and booming the F with his hand.

Accordingly, the defendant carried dangerous objects and interfered with the legitimate execution of duties of police officers for the maintenance of order.

2. Defendant B, at the same time and place as Defendant B’s paragraph (a), and at the same time and place, the police officer F et al. tried to arrest Defendant F et al. as an offender in the act of committing an act of committing an offense, and assaulted Defendant B et al., by smugglinging F et al. with his hand, and cutting his arms.

Accordingly, the defendant interfered with legitimate execution of duties concerning the arrest of police officers in the act of committing a crime.

Summary of Evidence

1. Defendants’ legal statement

1. Application of Acts and subordinate statutes on police statements made to F and D;

1. Relevant legal provisions concerning criminal facts;

(a) Defendant A: Article 314(1) of the Criminal Act (the point of obstructing the performance of duties), Article 366 of the Criminal Act (the point of destroying property), Articles 144(1) and 136(1) of the Criminal Act (the point of obstructing the performance of special duties);

B. Defendant B: Article 136(1) of the Criminal Act

1. Selection of punishment;

A. Defendant A: Selection of imprisonment with prison labor

B. Defendant B: Selection of fine 1.

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