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(영문) 서울중앙지방법원 2014.12.04 2014고단8272

업무방해등

Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

1. On July 31, 2014, from around 22:30 on the same day to 22:40 on the same day, the Defendant interfered with the business of the victim’s business by drinking at the victim E-managed cosmetics in the D Station located in Jongno-gu Seoul Metropolitan Government, Seoul Metropolitan Government from around July 31, 2014, on the ground that employees G did not sell drinking water because he would not sell drinking water. As such, the Defendant interfered with the business of the victim’s business by avoiding disturbance, such as “drawing drinking water which would be called as drinking water.”

2. At around 22:50 on the same day, the Defendant committed an act of interference with the performance of official duties by: (a) the security guards belonging to the Seoul Shiro Police Station, who was dispatched to the scene after receiving a report of 112 at the above place, and prevented the Defendant from performing the Defendant’s act of interference with his duties; (b) the Defendant expressed that “YY Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y

Accordingly, the Defendant interfered with the legitimate execution of duties of police officers in relation to the 112 Report Handling.

Summary of Evidence

1. Defendant's legal statement;

1. A report on investigation;

1. A written statement of I;

1. Application of Acts and subordinate statutes on the statement of G;

1. Articles 314(1) and 136(1) of the Criminal Act and the choice of fines concerning the crime;

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

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act was that the Defendant got home while drinking in middle school windows and drinking alcohol to a middle school, following the instant cosmetics was passed. The Defendant reported the cosmetics stored on the front of the cosmetics, which led the cosmetic to mistake it as drinking water, and changed the drinking water to the employees of the cosmetic, but the cosmetic employees did not sell the cosmetic to the Defendant.