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(영문) 서울중앙지방법원 2015.03.20 2014고단9188

업무방해등

Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

1. On October 7, 2014, at around 05:30 on October 7, 2014, the Defendant obstructed the victim E’s restaurant business by force by avoiding disturbance over about one hour and 30 minutes, such as: (a) Do’D’ restaurant located in Gwanak-gu, Seoul Special Metropolitan City; and (b) Doing the name-free customers who provide meals without any justifiable reason, “sprinks.” and (c) putting them up for cleaning.

2. At the above time and place of obstruction of performance of official duties, the Defendant: (a) took a bath that Gyeong, a police officer, who was a police officer of the Seoul Gwanak Police Station F District, dispatched to the site upon receiving a report of interference with official duties, proposed that “Chose fe fe fe fe fe fe fe fe fe fe fe fe fe fe f fe f f fe f f f f f f f f f f f f f f f f f f f f f f f f f f f fe f f f f f f fe f f f f f fe f f f fe f f f f f fe f f fe f fe f.”, “

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. E statements;

1. Application of Acts and subordinate statutes governing field documentary evidence photographs;

1. Relevant Article 314(1) of the Criminal Act and Article 136(1) of the Criminal Act (the point of obstruction of performance of official duties and the choice of fines) concerning criminal facts;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition by the assent of all participating Justices on the following grounds: (a) the Defendant’s reason for sentencing under Article 334(1) of the Criminal Procedure Act is against the Defendant; (b) the degree of the instant damage; (c) the victim E does not want punishment; and (d) the Defendant has no criminal history