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(영문) 서울중앙지방법원 2021.02.03 2020고단6041

업무방해등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Around May 2, 2020, the Defendant: (a) was unable to pass through the entrance while under the influence of alcohol at the subway C Station 7 located in subway B and 2 stories in Dongjak-gu Seoul Metropolitan Government, Dongjak-gu, and the second underground floors on May 2, 2020; (b) the Defendant expressed the victim D, who is a member of the Seoul Transport Corporation, seeking to help the Defendant, expressed that “it shall be bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit.” The Defendant expressed that he was unable to pass through the entrance while working in the subway C Station No. 7 located in the subway Station B and underground second stories

Accordingly, the Defendant interfered with the victim's duty of maintaining order and safety management in the history by force.

2. On May 2, 2020, the Defendant: (a) expressed that, at around 20:57 on May 2, 2020, at the location described in the foregoing paragraph (1), the Defendant: (b) sent a 112 telephone report and arrested a flagrant offender committing a crime of interference with the business from the F details belonging to the E District, called “F,” and used the G guards belonging to the E District, who attempted to walk F on the top of the said location, without any special reason, while he was arrested and moved to a flagrant offender for interference with the business from the F details belonging to the E District.

Accordingly, the Defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or G;

1. Each statement of D and G;

1. Application of Acts and subordinate statutes to report on investigation (on-site CCTV investigation), CCTV CDs, investigation reports (related to images taken in the course of committing a crime), investigation reports (referring to violence and hearing of statements made by victims D who interfere with their duties);

1. Relevant Article 314(1) of the Criminal Act, Article 316(1) of the Criminal Act (the point of interference with business), Article 136(1) of the Criminal Act (the point of interference with the performance of public duties), and the selection of fines for the crime;

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

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is to be arrested by the police officers dispatched due to verbal abuse, assault, etc. against the service personnel performing their duties.