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(영문) 수원지방법원 2018.04.25 2018고단827

업무방해등

Text

1. The defendant shall be punished by a fine of 6,00,000 won;

2. 60 days if the defendant does not pay the above fine;

Reasons

Punishment of the crime

1. On January 17, 2018, at around 00:15, the Defendant: (a) performed drinking in a restaurant with the trade name “E” operated by the victim D located in Suwon-si, Suwon-si, the Defendant: (b) held that the said victim would have a drinking value calculated; and (c) held that the said victim would have left the table of other customers, without permission, to go to the customers, and continued to go to go to the public; and (d) putting the shoulder from the front of the said restaurant door to the body of the victim, and (e) continued to go to stop entering the said restaurant for about 10 minutes, such as “Sick Ha L L, L,” a disturbance for about 10 minutes.

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

2. At around 00:25 on January 17, 2018, the Defendant: (a) received a report from the restaurant in front of the restaurant specified in the foregoing paragraph 1; and (b) received a notification from the Defendant that the Defendant did not pay the drinking value; and (c) took an inquiry about the instant situation from G slope, a police officer belonging to the police station of the Suwon Police Station, the Suwon District Police Station, who was called the police officer, who was sent by the Defendant; and (d) expressed the said G slope to the said G slope, and assaulted the G slope on his body, such as having the shoulder of the G slope and the one-time shoulder.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of the respective Acts and subordinate statutes of D and H

1. Relevant Article 314(1) of the Criminal Act, Article 316(1) of the Criminal Act (the point of interference with business), Article 136(1) of the Criminal Act (the point of interference with the performance of public duties), and the selection of fines for the crime;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the said Act (an aggravated punishment for concurrent crimes against a person who interferes with heavier business affairs);

1. The reason for sentencing of Articles 70(1) and 69(2)(1) of the Criminal Act (a day) of the Act on the Custody of Persons in the Labor House (a day) [the scope of punishment] 20,000 won or less [a sentence] 20,000 won or less (a decision of sentence] shall interfere with the execution of official duties by assaulting a police officer who is performing official duties.