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(영문) 대구지방법원 2017.04.25 2017고단508

업무방해등

Text

Defendant shall be punished by a fine of five million won.

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

1. On November 28, 2016, from around 23:00 to 23:30 of the same day, the Defendant: (a) caused the victim D, an employee of the convenience store located in the Daegu Dong-gu, Daegu, to have no room for c convenience; and (b) caused the victim to have no room for c convenience store.

“Along 30 minutes of disturbance, such as taking a bath, acting as drinking, etc., interfered with the victim’s convenience store business and management work by force.

2. On November 28, 2016, the Defendant interfered with the performance of official duties, at the same place as Paragraph 1, around 23:30 on November 28, 2016, and reported to 112, and demanded the Defendant to present his identification card and contact number to the police officers belonging to the police unit E District Police Station in the Daegu East-gu Police Station, Daegu-dong, Police Station, as if he was issued an identification card.

“Along with the desire and threat of the police officer, the police officer interfered with the legitimate performance of official duties concerning the handling of 112 reported duties by assaulting the victim, such as continuing to injure the victim’s hand and body and booming the body of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement in each police statement made to D or F;

1. Investigation report (Attachment of a photograph by cutting down CCTV image data at convenience stores) - Application of four photographs by cutting down CCTV image data;

1. Relevant Article 314(1) of the Criminal Act, Article 316(1) of the Criminal Act (the point of interference with business), Article 136(1) of the Criminal Act (the point of interference with the performance of public duties), and the selection of fines for the crime;

1. The grounds for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes are subject to multiple criminal punishment. On April 21, 2016, the Daegu District Court sentenced the Defendant to a suspended sentence of two years on the 29th of the same month and was sentenced to a suspended sentence of two years, etc. on the 29th of the same month, which became final and conclusive on the 29th of the same month, and committed the instant crime without being aware of the fact during the grace period.