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(영문) 서울중앙지방법원 2019.07.09 2019고단2374

업무방해등

Text

Defendant

A shall be punished by a fine of KRW 5 million, and Defendant B shall be punished by a fine of KRW 4 million.

The above fine is imposed against the Defendants.

Reasons

Criminal facts

1. On March 26, 2019, at around 23:35, the Defendants, while drinking alcohol at the E main points managed by the victim D (the age 43) of the victim D (the 43) in Jongno-gu Seoul, Jongno-gu, Seoul, he was unable to avoid disturbance for about 25 minutes, such as: (a) Defendant A resisting the victim of the above smoking room, who was able to have the drinking value; (b) Defendant A was able to have the victim take a bath with a large voice; and (c) Defendant B was able to have the victim take a bath for the victim; and (d) Defendant B was able to avoid disturbance for about 25 minutes.

As a result, the Defendants conspired to force and interfere with the victim's main operation business.

2. On March 26, 2019, the Defendants: (a) expressed that, at the main point of the foregoing paragraph (a) on March 23:43, 2019, the Defendants sent a disturbance at the 112-reported phone; (b) expressed that the police officers of the police station G district belonging to H and police officers of the police station who called out after being called out by 112, and that, (c) the Defendants expressed the police officers “after the after the aftermath of Chewing marith,” and expressed their body in order to prevent the above I from moving out; and (d) the suspects B committed assault by the police officers, such as taking the body of the above H by force with their head and taking the body of the above H on his hand.

As a result, the Defendants conspired to interfere with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendants’ respective legal statements

2. Each police statement made to H and I;

3. Police suspect interrogation protocol regarding F;

4. Written statements of D;

5. Application of the Acts and subordinate statutes concerning investigation reports (on-site CCTV analysis) and photographs;

1. The Defendants: Articles 136(1) and 30 of the Criminal Act; Articles 314(1) and 30 of the Criminal Act; Articles 314(1) and 30 of the Criminal Act; the choice of fines

2. 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;

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

4. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act are as follows.