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(영문) 서울남부지방법원 2013.06.13 2013고정1119

업무방해등

Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. On December 30, 2012, the Defendant interfered with business: (a) around 23:15, the Defendant calculated the “E” restaurant operated by the victim D (Woo, 63 years of age) located in Yangcheon-gu Seoul Metropolitan Government; (b) calculated the alcohol value of KRW 28,000,000,000, the Defendant reported to the police and received the remainder of KRW 28,000,000,000, and the victim changed the remainder of KRW 8,000,000; and (c) subsequently, the Defendant took a serious bath for the victim, such as “the same year, the same year, the same year, the chewing of Korean house, the same year, the same year, and the head of the household as soon as possible,” and obstructed the victim’s operation of the restaurant by force.

2. The obstruction of performance of official duties, the Defendant: (a) at the above temporary location, at the foregoing time and time; (b) while avoiding disturbance, G, a police officer belonging to the Seoul Yangcheon Police Station F District (Nam, 45 years old), who was dispatched to the site after receiving a report of 112, arrested the Defendant as an act in the act of interference with his duties and tried him to board the patrol vehicle; (c) G, “Isk to receive money and drink, she will receive money, and if Isk to receive money, Isk to receive it; and (d) I ambling the luminous blick in both hands to walk, walking the left face of G on two occasions; (d) interfered with legitimate performance of duties concerning the arrest of a flagrant offender; and (e) interfered with the victim’s right to face face and sprinkling that requires approximately two weeks treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police officer's statement about D and G;

1. Report on the use of police gear;

1. Investigation report (including submission of a written diagnosis of injury to the victim) and the written diagnosis of injury;

1. Investigation report (in cases of partial cases suspected A), a suspect;

1. Application of Acts and subordinate statutes on damaged field photographs and violence-related photographs in a cafeteria;

1. Relevant Article 314(1) of the Criminal Act for criminal facts (a point of interference with business), Article 136(1) of the Criminal Act, and the Criminal Act for the obstruction of performance of official duties.