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(영문) 수원지방법원 2017.12.21 2017고단5950

업무방해등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. On August 26, 2017, the Defendant: (a) at the main point of the trade name “E” operated by the victim D (V, 53 years old); (b) on August 26, 2017, the Defendant went back to the said main point without any justifiable reason while drinking alcohol; and (c) on the part of customers located there, the Defendant got back to the said main point; and (d) on the part of the customers at the said place, the Defendant is equal to the bitch bitch son;

D's desire for a large amount of c', thereby obstructing the victim's main business by force for about 1 hour and 30 minutes, such as avoiding disturbance, making customers out of the room, etc.

2. The Defendant interfered with the performance of official duties, at the place of around 22:30 on August 26, 2017 at around 22:30 and around 1.

“A bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of the Jondong Police Station, called the bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of

Does they grow up;

C. The 112 Report Processing was committed by assaulting the two arms, such as taking a bath for C. H’s chests, and obstructing police officers’ legitimate execution of their duties in relation to the handling of the 112 Report.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to H and I;

1. Each written statement of D;

1. Each investigation report (the cell phone image of a police officer called out, such as interference with the performance of official duties, etc.);

1. Application of each Act and subordinate statutes to video recording CDs on mobile phones;

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, which interferes with another person’s business under the influence of alcohol, and the nature of the crime committed by verbal abuse and violence against the police officer dispatched, is bad;

On the other hand, however, it is highly against the recognition of mistake.