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(영문) 부산지방법원 서부지원 2019.06.14 2018고단2754

업무방해등

Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

1. On October 22, 2018, around 18:40 on October 2, 2018, the Defendant, under the influence of force, obstructed the victim’s restaurant business by avoiding disturbance by, under the influence of alcohol at the “D” restaurant where the victim C works in Busan, the victim C, who took a large interest in the customer’s hair, and neglecting it.

2. The Defendant, on the same date and time as stated in paragraph (1), and at the same place as stated in paragraph (1), 112 reported and sent out 112 on the ground as stated in paragraph (1), took a bath to F police officers belonging to the Busan Cascam Police Station Escam, and took the above FF’s scam and chests once by hand, respectively. The Defendant, upon receiving a request for support, attempted the Defendant who was arrested by G during the process of carrying out the same police box at the scene to have the Defendant on board the patrol box, and committed an assault, such as

Accordingly, the defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases and arrest of flagrant offenders.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement related to C, F, and G;

1. A criminal investigation report, a criminal investigation report (CCTV analysis and investigation report), and a criminal investigation report (a police officer's blickning);

1. Application of Acts and subordinate statutes to field CCTV photographs and photographs;

1. Article 314(1) of the Criminal Act of the corresponding Article 314 of the Criminal Act for the crime (a point of interference with business), Article 136(1) of the Criminal Act for each of the crimes;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the punishment prescribed for the crimes of obstruction of performance of official duties against each other, and the punishment against F with heavier punishment);

1. Selection of an alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with the punishment heavier than that prescribed by the crime of interference with business);

1. The crime of obstructing the performance of official duties by police officers on the grounds of sentencing under Articles 70(1) and 69(2) of the Criminal Act requires strict punishment even in order to establish the legal order of the State and eradicate the light of the public authority.