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(영문) 부산지방법원 동부지원 2014.04.28 2014고정188

업무방해등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

A. On October 206, 2013, at around 20:55, the Defendant obstructed the Defendant’s normal operation of the instant singing room for about 20 minutes, by exercising force, on the grounds that the Defendant was unable to enter the singing room, on the grounds that the victim D, who was aware of the fact that he was drunk while in operation, did not discover the Defendant entering the singing room and open the entrance. In doing so, the Defendant obstructed the Defendant’s normal operation of the said singing room for about 20 minutes by using force, such as preventing customers from entering the singing room by using force.

B. On June 10, 2013, the Defendant of the obstruction of performance of official duties, at the Busan Coast Guard Estation around 21:50,01.

For the reason of this, the police officer interfered with the legitimate performance of the police officer's official duties over about 10 minutes on the ground that he/she did not unsatisfing the locks of the police gear for the prevention of danger by acting in the police box, such as arresting him/her as a flagrant offender, taking a bath at the police box, and assaulting the police officer, etc., and thus obstructing the police officer's legitimate performance of duties over 10 minutes on the ground that he/she did not cover the locks of the police gear to prevent danger.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to D, G, and F

1. Article 314 (1) of the Criminal Act and Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Selection of each alternative fine for punishment;

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

1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. On June 10, 2013, the summary of the facts charged by the Defendant is as follows: (a) around 21:16, the Defendant was assigned to the Maritime Police Station Estation, for which the Defendant reported 112 that the Defendant spawn the spawn like the preceding paragraph.