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(영문) 부산지방법원 동부지원 2017.08.09 2017고단1132

업무방해등

Text

A fine of three million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

1. On May 23, 2017, the Defendant interfered with the business of the Defendant: (a) at the E convenience store where the victim D works in Suwon-gu Busan, Busan, the Defendant 2:20, the victim D was seated in front of the above convenience store under the influence of alcohol; and (b) at the above convenience store to customers entering the above convenience store, the Defendant interfered with the victim’s convenience store business by force by preventing them from entering the victim’s convenience store by avoiding about 40 minutes of disturbance, such as “only sturging the string,” and putting the pedped cup into the floor and destroying the pedped cup, etc., by putting about 40 minutes of disturbances into the convenience store.

2. On May 23, 2017, at the same place on May 23, 2017, the Defendant: (a) received a report from G, a police officer belonging to the Busan Southern Police Station F District, who was dispatched to the site and received a request for confirmation on his status and the circumstances of the case; and (b) received a request from G, a police officer belonging to the Busan Southern Police Station, for confirmation on his status and the circumstances of the case;

The term “Before the friend friend Friend friend friend friend,” and assaulted G’s chest part by hand, etc. twice.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers in relation to 112 reported duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Written statements prepared in D;

1. Application of Acts and subordinate statutes to a criminal investigation report (on-site mobilization status and accompanying pictures, etc.), a criminal investigation report (on-site CCTV investigation), and a criminal investigation report (in the event of crimes, an investigation into attaching video CDs);

1. Relevant Article 314(1) of the Criminal Act and Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties) concerning facts constituting an offense; Article 314(1) of the Criminal Act (the point of obstructing the performance of official duties) (the selection of each fine);

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

1. The crime of this case on the ground of sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment is the use of violence to the police officer called out after receiving a report while obstructing another person's business, and the crime is not good.