업무방해등
1. Defendant shall be punished by a fine of 4,000,000 won;
2. Where the defendant does not pay the above fine. < Amended by Presidential Decree No. 16090, Jan. 1
Punishment of the crime
1. Around 12:10 on September 26, 2016, the Defendant obstructed the victim’s restaurant business by force by taking advantage of the following: (a) the victim D’s “E restaurant” operated by Yongsan-gu Seoul Yongsan-gu Seoul Metropolitan Government, where the victim D would drink three-hour alcoholic beverages after drinking them; and (b) the victim was requested to change from the damaged; (c) the Defendant would be bad; and (d) the victim would be free from the restaurant; and (d) the victim would be free from the entrance.
2. The Defendant interfered with the restaurant business as above at the same time and place as set forth in paragraph 1, and obstructed the above police officers’ legitimate execution of their duties concerning the handling of the 112 report report, by assaulting him/her, such as plucking and plucking up three times his/her fingers, displaying his/her fingers to the upper half of G, with his/her fingers, and pushing him/her of his/her hair, and pushing him/her his/her body with his/her hair and shoulder, who was called up after receiving 112 report.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made with respect to G and H;
1. Application of Acts and subordinate statutes of I and D;
1. Article 314(1) of the Criminal Act applicable to the facts constituting an offense (the point of interference with business) and Article 136(1) of the Criminal Act (the point of interference with the performance of public duties);
2. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (limited to cases where a person interferes with the execution of each official duty).
3. Selection of each alternative fine for punishment;
4. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act for the increase of concurrent crimes.
5. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.
6. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act in the case of the order of provisional payment.
1. Unfavorable circumstances: A poor quality of the crime, such as exercising force on several police officers in charge of performing their duties, etc.;
1. favorable circumstances: The defendant's wrong and reflects on the defendant's wrong, the fact that the defendant seems to have committed an accident by drinking, and the victim of the obstruction of business intends to be punished against the defendant;