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(영문) 대구지방법원 2017.05.11 2017고단1015
업무방해등
Text

Defendant

A shall be punished by imprisonment for four months, by a fine of 1,00,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

Defendants are main departments and branch lines, and they are victims C (Y, 44 years old) operators of the “E” restaurant located in Daegu-gu, Daegu-gu.

1. The Defendants who interfered with the Defendants’ duties are drunk in the “E” restaurant located in Daegu-gu, Daegu-gu, Daegu-gu, on December 6, 2016, and are drinking to the other customers.

“A large sound,” the victim, and the employee F “I am e.g., I am fe.,” and the Defendant A expressed the desire, while Defendant A was quihing the said F’s hand, etc. and 14 customers did not drink.

Accordingly, the Defendants conspired to interfere with the victim's operation of the restaurant by force for about one hour.

2. The Defendant interfered with Defendant A’s performance of official duties at the time, place, and 112 reported and dispatched at the location, and assaulted Defendant H (V, 28 years of age) to the police officer belonging to the Daegu Dong Police Station G District of the Daegu Dong Police Station (hereinafter “Seng-gu, Hackh, Hack, and Hackn,” and assaulted Defendant A’s bucks by advertising his bucks, etc., with his her bucks I ( South, 35 years of age), with “Sech .I killed. I,” and used Defendant’s buckbbbbbbbbbs, with his right side as hack.

As a result, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of reported cases.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to H and I;

1. Application of the respective Acts and subordinate statutes of C and F

1. Relevant legal provisions concerning criminal facts;

(a) Defendant A: Article 314(1) of the Criminal Act, Article 30 of the Criminal Act (the point of interference with business) and Article 136(1) of the Criminal Act (the point of interference with the performance of public duties);

B. Defendant B: Article 314(1) of the Criminal Act; Article 30 of the Criminal Act

1. Defendant A of the ordinary concurrence: Articles 40 and 50 of the Criminal Act (interpreting with the obstruction of the execution of official duties);

1. Selection of punishment;

A. Defendant A: Selection of imprisonment with labor

B. Defendant B: Selection of fine

1. A aggravated defendant for concurrent crimes: The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act;

1. Defendant B of detention in a workhouse:

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