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(영문) 수원지방법원 평택지원 2017.07.12 2017고단1005

업무방해등

Text

A defendant shall be punished by imprisonment for six months and by a fine of thirty million won.

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

Reasons

Punishment of the crime

1. On May 6, 2017, the Defendant obstructed the victim’s restaurant business by force, such as: (a) the victim C’s 'D cafeteria operated by Pyeongtaek-si B’; (b) the victim’s 'D cafeteria operated by Pyeongtaek-si B’ in which the victim c scams and drinks, and having the cambs on the table of the restaurant; and (c) the victim’s cafeteria operation was obstructed by force.

2. On May 6, 2017, the Defendant: (a) was required to return home from F to the police officer affiliated with the Pyeongtaek-gu Police Station E box dispatched to the same place as the above paragraph (1) on May 6, 2017; and (b) was assaulted by F to the said F, such as “I am impe, I am feas, I am back the said F’s shoulder with his left hand while I am tightly, I am back the said F’s chest with his hand, and pushed the said F’s breast part on a hand.

As a result, the defendant interfered with the legitimate execution of duties concerning the dispatch duty of a police officer 112 report.

3. The Defendant in violation of the Punishment of Minor Offenses Act was arrested as a flagrant offender on the same facts as paragraphs (1) and (2) of the aforesaid Article, and when he was sent to the E box located in Pyeongtaek-si G on May 6, 2017, the Defendant was in violation of the Punishment of Minor Offenses Act, whether the Defendant was under the influence of alcohol, and whether the Defendant was raising to the point of view that the Defendant would have attempted to raise the width performance;

This dog spit, spits, spits on the floor, smoke, etc., made a disturbance for about one hour.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Investigation report (the revocation, disturbance, etc. of an official title);

1. A written statement of the main officer;

1. C’s statement;

1. Application of each statute on photographs;

1. Relevant provisions of the Criminal Act, Article 314(1) of the Criminal Act (Interference with the duties, selection of imprisonment, and selection of punishment), Article 136(1) of the Criminal Act (Interference with the performance of duties, selection of imprisonment, and selection of punishment), Article 3(3)1 of the Punishment of Minor Offenses Act (the point of disturbance of revocation in official document, selection of fines) concerning the crime;

1. Article 37 (former part), Article 38 (1) 2 and 3, and Article 50 of the Criminal Act to increase concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 62 (1) of the Criminal Act (The following favorable circumstances):

1. Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Order