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(영문) 서울중앙지방법원 2017.08.30 2017고단3408

업무방해등

Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

1. On May 9, 2017, at around 23:10 on May 23, 2017, the Defendant obstructed the victim’s restaurant business by force by driving a disturbance for about 15 minutes, such as walking strings, chewings, etc., in the “E” restaurant operated by the victim D in Seocho-gu Seoul Metropolitan Government, without any justifiable reason, and without any reason, the Defendant obstructed the victim’s restaurant business by force.

2. The Defendant interfered with the performance of official duties at the same date and time as the preceding paragraph, and at a place where 112 was reported and sent to the scene, G, a police officer affiliated with the Seoul Western Police Station F police box, asked the Defendant of the reasons why G, who was a police officer assigned to the police box of Seoul Western Police Station, was assaulting him/her at one time at the left side of G,

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to G and D;

1. Article 314 (1) of the Criminal Act (the point of interference with business) and Article 136 (1) of the Criminal Act concerning facts constituting an offense;

1. Selection of each alternative fine for punishment (such as: (a) the defendant has the same or similar criminal history several times, and has committed the instant crime during the period of repeated crime; (b) while the defendant was committed, the defendant is recognized and reflected in the crime; (c) the victim does not want the punishment of the defendant under an agreement with the victim D; and (d) there is a family member to support the defendant;

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;