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(영문) 수원지방법원 안양지원 2014.11.14 2014고단1541

업무방해등

Text

Defendant shall be punished by a fine of KRW 1,500,000.

Where a defendant fails to pay a fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. On July 19, 2014, from around 21:50 to 22:50, the Defendant obstructed the victim’s convenience store business by force, by finding out a bank under the influence of alcohol to E, an employee of the victim, at the D convenience store located in his/her own city from around 21:50 to around 22:20.

2. The Defendant committed assaulting the police officer’s arms and kneees to go to the place of business by having the police box called out after receiving a report at the above date, time, and place of obstruction of performance of official duties, and obstructed the police officer’s legitimate performance of duties concerning patrol duties by assaulting him, such as having been requested by G to go to the place of business, and having his hand and knees, while continuing to go to the patrol box.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of G and E;

1. Application of each statute on photographs;

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

1. Each selective 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 for the detention of a workhouse;

1. The punishment as ordered shall be determined by taking into account the following factors: (a) the first offender who has no record of committing an offense for sentencing under Article 334(1) of the Criminal Procedure Act; (b) the victim of the crime of interference with business does not want punishment; and (c) the circumstances leading to the crime and living environment