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(영문) 인천지방법원 2017.09.27 2017고단5810
업무방해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On October 6, 2016, the Defendant was sentenced to six months of imprisonment with prison labor and one year of suspended execution by the Incheon District Court, which became final and conclusive on August 22, 2017.

1. 업무 방해 피고인은 2017. 7. 26. 23:00 경 인천 남동구 D에 있는 피해자 E 운영의 F BAR에서 술을 마시고 술값 문제로 피해자와 시비를 하던 중 피해자에게 ‘ 미친 씨 발 개새끼, 쯧쯧쯧, 술이나 따라 봐 ’라고 욕설을 하며 양주 병과 손바닥으로 테이블을 치며 소란을 피우고, 112 신고를 받은 경찰관이 출동하여 술값을 지불한 후에도 위 가게 내의 다른 손님들에게 ‘ 야 이 씨 발 새끼야, 개새끼야 ’라고 수차례 욕설을 하고 손바닥으로 테이블을 치는 등 소란을 피워 약 30 분간 위력으로 피해자의 주점 영업업무를 방해하였다.

2. The Defendant interfered with the performance of official duties at the above date, time, and place, as seen earlier, demanded that a policeman belonging to the Incheon Southern East Police Station G District, who was dispatched to the site after receiving 112 a report, should calculate the drinking value and return home to the Defendant, and when the Defendant demanded that the Defendant be able to return home to the Defendant, whether the Defendant is a police officer of the fish guard.

B. The lower age refers to “here gue”, and H’s chest was assaulted by the two hand.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reports.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to H and E;

1. Previous convictions in judgment: Application of Acts and subordinate statutes of case search and judgment;

1. Relevant Article 314(1) of the Criminal Act, Article 314(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 choice of imprisonment for each crime;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Sentencing Criteria (the final sentencing range due to the aggravation of multiple offenses): June to October 1, 100 – First Crimes (Obstruction of Execution of Official Duties):

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