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(영문) 광주지방법원 2015.11.26 2015고단3954

업무방해등

Text

A defendant shall be punished by imprisonment for not more than four months and by a fine not exceeding 600,000 won.

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

1. From around 00:20 on September 3, 2015 to 00:40 on the same day, the Defendant: (a) purchased tobacco from the victim C operated in Gwangju Northern-gu, and (b) expressed, without any particular reason, the victim’s desire to be “Choe” and, without any particular reason, acted as the victim would be at hand, and (c) did not enter the crop by leaving the crop, and even upon receiving a demand from the victim to go, the Defendant was unable to enter the crop.

Accordingly, the defendant interfered with the victim's marina business by force.

2. From around 00:40 on September 3, 2015 to 00:55 on the same day, the Defendant, in violation of the Punishment of Minor Offenses Act, continued to take a hump view, such as “Choxe is the F Area E”, and “Choxe is the F Area E, Chewing flax, and fladle is flad with the Defendant’s cell phone at the bottom of the same day,” and “Choxe is flad with the Defendant’s mobile phone.”

Accordingly, the defendant, while under the influence of alcohol, led to very rough words and actions by public offices.

Summary of Evidence

1. Defendant's legal statement;

1. Partial statement of the police suspect interrogation protocol against the defendant;

1. Statement made to C by the police statement;

1. G statements;

1. Application of the Acts and subordinate statutes for reporting internal investigation;

1. Relevant Article 314 (1) of the Criminal Act and Article 314 (1) of the Criminal Act (the point of interference with business, the choice of imprisonment), and Article 3 (3) 1 of the Punishment of Minor Offenses Act (the point of disturbance of revocation by government offices and the selection of fines);

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 3 and 50 of the Criminal Act;

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

1. Article 62 (1) of the Criminal Act;

1. On June 7, 2012, the Defendant, with reasons for sentencing under Article 62-2(1) of the Probation Criminal Act, is subject to a summary order of a fine of five million won for the crime of obstruction of performance of official duties.