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(영문) 부산지방법원 2017.09.13 2017고단3554

업무방해등

Text

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

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

Reasons

Punishment of the crime

1. On June 26, 2017, at around 21:38, the Defendant assaulted “D” restaurant operated by the victim C, who was a wife located in Busan Dongdong-gu, Busan, about 2017, that the victim, while under the influence of drinking the tenant for about two hours, he did not enter the said restaurant, and as the victim was rejected, he expressed a desire to do so, and pushed the victim’s chest by hand. The Defendant sent a warning that he will take the police, sent a warning that he will take the police, she would not call the customer at the place, take a bath, and take a bath and take a drinking, and prevent the customer, who had entered the restaurant from entering the restaurant.

Accordingly, the defendant interfered with the victim's restaurant business by force.

2. The Defendant, at the time, at the time and place specified in the preceding paragraph, committed assault, such as: (a) stating that “I, Ma, Rings, and Rings expressed their desire to check the circumstances of this case by G during the police box belonging to the Busan East Police Station F box, who was dispatched to the scene after having been reported 112; (b) during the time and place specified in the preceding paragraph, “I am the chest part of the above H by drinking and hand; and (c) when I am the chest part of G with the defective drinking and hand to stop this.”

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the prevention and investigation of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the statutes on police statements made to C, H, G, and E;

1. Article 314 (1) of the Criminal Act (the point of interference with business) and Article 136 of the Criminal Act concerning the facts constituting an offense. Article 314 of the same Act (the point of interference with the performance of public duties);

1. Selection of each alternative fine for punishment (such as the reflection of the punishment, the first offender, and the victim C does not want the punishment of the defendant);

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 to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;