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(영문) 서울동부지방법원 2018.10.19 2018고단2738

업무방해등

Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On May 16, 2018, from around 00:03 to around 00:23 of the same day, the Defendant interfered with the victim’s convenience store business by force by avoiding disturbance, such as, under the influence of alcohol, drinking alcohol at the victim D’s store located in Songpa-gu apartment apartment C, Songpa-gu, Seoul, and drinking alcohol at a large rate while making a telephone call at the same place despite the victim’s drinking, and continuing to sit at the front of the calculating unit or interfering with the passage of other unspecified customers who want to purchase goods.

2. On May 16, 2018, at around 00:23, the Defendant interfered with the performance of official duties by the police officer’s lawful performance of duties, such as checking the details of the report by G from the Department G located in the Song-gu Police Station F District, which was dispatched after receiving a report at the place indicated in the preceding paragraph, from the point D. In order to verify the Defendant’s identity, etc. who was seated in front of the calculation unit, the said G was placed in the same place and the head of the said G was taken back, and continuing to take care of the said G, such as: (a) taking the Defendant’s 112 report handling, etc. on the part of the police officer.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or G;

1. Investigation report (No. 6 times a year);

1. Notice of a department related to the reported case, and the F District Service;

1. Application of CD-related Acts and subordinate statutes

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

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. In light of the fact that the Defendant had been punished twice for the same kind of crime under Article 334(1) of the Criminal Procedure Act, but committed the instant crime during the period of probation, it is necessary to strictly punish the Defendant.

(b).