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(영문) 서울동부지방법원 2017.06.20 2017고단537

업무방해등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

[criminal records] The Defendant was sentenced to a suspended sentence of ten months of imprisonment with labor for interference with the execution of official duties at the Daejeon District Court on April 7, 2016, and the judgment became final and conclusive on February 3, 2017, and is currently under the suspended sentence.

[Criminal facts]

1. On November 26, 2016, at around 19:40 on November 26, 2016, the Defendant was unable to avoid disturbance over about 40 minutes due to the following: (a) around 19:40, the Defendant, at the “G” restaurant of the victim F operation in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul; (b) the Defendant took a large volume of noise; (c) the Defendant, in his hand, took a bath in a beer disease; (d) the spit the spit on the floor; and (d) the Defendant spit the spit on the floor.

Accordingly, the Defendant interfered with the victim's restaurant business by force together with D.

2. On the same day, the Defendant was urged to return home from police officers belonging to the police station in Dongdaemun-gu Seoul Police Station, Seoul, which was dispatched after receiving a report of 112 on the same ground as 20:50 on the same day on the same day. However, the Defendant committed assault, such as “this dogping, booming,” and booming I’s breast part by 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 J and I;

1. CCTV images to be cut;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A);

1. Relevant legal provisions of the Criminal Act, Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties), Articles 314(1) and 30 (the point of obstructing duties) of the Criminal Act, and the choice of fines for each crime;

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

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

1. Article 70(1) and Article 69(2) of the Criminal Act, which was agreed with F and F for a person who has been an injured party with reasons for sentencing, deposited KRW 1,00,000 for police officers I, and the case is equal with the case where a judgment is to be rendered simultaneously with a obstruction of performance of official duties for which a final judgment became final and conclusive.