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(영문) 부산지방법원 동부지원 2019.09.18 2019고단1143

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 March 19, 2019, at around 02:10, the Defendant interfered with the duties of the Defendant: (a) avoided disturbance until 02:30 on the same day, and interfered with the victim’s convenience store business by force, by avoiding disturbance to the police officers called out on the same day on the following day: (b) avoided disturbance; (c) interfered with the victim’s convenience store business by force, by taking advantage of the convenience store C, which is located in the Busan City captain-gun; and (d) taking an employee D (50 years of age) who takes a heavy bath for the materials displayed therein; and (d) taking advantage of the materials displayed therein

2. On March 19, 2019, the Defendant, at around 02:30, 112 reported and sent back to the above convenience store, was able to take a bath to return home from F (the age of 36) of a police officer of the Busan Police Station E-gu Busan Police Station E-gu, who was called out after receiving a 112 report, and took a threat of drinking as if he were the head of the F, and assaulted twice the head of the F.

As a result, the Defendant interfered with the legitimate execution of duties of police officers regarding the prevention, suppression, investigation, etc. of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Written statements of D;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Relevant Article 314(1) of the Criminal Act, Article 136(1) of the Criminal Act, and the choice of each fine for the crime;

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

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

1. The sentencing order of provisional payment under Article 334(1) of the Criminal Procedure Act shall be determined as ordered in consideration of all the circumstances including the criminal records of the defendant, the circumstances leading up to the crime, the contents of obstruction of business and assault, and the circumstances after the crime (the serious reflectivity, D and F does not want the punishment of the defendant).