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(영문) 서울남부지방법원 2016.04.07 2015고단5373

업무방해등

Text

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

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

Reasons

Punishment of the crime

1. 업무 방해 피고인은 2015. 12. 13. 08:10 경 서울 영등포구 C 앞에 있는 피해자 D가 운영하는 포장마차에서, 계산 문제로 피해자와 시비하던 중 “ 이 씨 발 놈 아 ”라고 고함을 치면서 판매대에 진열되어 있는 닭꼬치와 핫도그 여러 개를 집어 던지고, 떡볶이 그릇을 엎는 등 행패를 부려 위력으로써 약 10분 동안 피해자의 포장마차 영업 업무를 방해하였다.

2. The Defendant interfered with the performance of official duties at the same place as Paragraph 1 at the same time as Paragraph 1, and at the same time, the Defendant was faced with the situation where he was arrested a flagrant offender due to the suspicion of interference with business from F by the Chief F of the police station of Yeongdeungpo-gu Seoul Police Station E District, Seoul who was dispatched after receiving a report from 112, due to the suspicion of interference with business.

“Along with sound, the police officer interfered with legitimate execution of duties concerning the handling of a police officer’s report and suppression of a crime by assaulting the F’s chest with his hand, with his/her face being taken once a drinking, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or F;

1. The place where he works in the E District;

1. Application of each statute on photographs;

1. Relevant Article 314 (1) of the Criminal Act and Article 314 (1) of the same Act that obstructs the performance of official duties of directors: Article 136 (1) of the Criminal Act (the choice of penalty penalty)

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

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

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment are as follows: (a) the Defendant committed an act interfering with the duty of the Defendant; (b) the arrest of the police; and (c) the victim of the crime of obstructing the performance of official duties does not yet have agreed to do so; (d) the Defendant is led to confession and reflect by the Defendant; (c) there is no special penal power; (d) the degree of assault of the crime of obstructing the performance of official duties is relatively minor; and (