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(영문) 서울서부지방법원 2017.11.24 2017고단2824

업무방해등

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On August 4, 2017, around 03:40 on August 4, 2017, the Defendant interfering with the business is D, which is managed by the victim C (29 tax) located in Seodaemun-gu Seoul Metropolitan Government (hereinafter referred to as Seodaemun-gu) and has been under the influence of alcohol, and the Defendant, despite being under the influence of alcohol, continuously expected in the calculation unit, shall “tweb and sweb,” and “twe

The death will take place.

In this regard, "the expression "" was made, and it was difficult to avoid disturbance for about 20 minutes.

Accordingly, the Defendant interfered with the management of the victim's burial by force.

2. On August 4, 2017, the Defendant: (a) 04:30 on August 4, 2017, and at the same place as indicated in the foregoing paragraph 112, the Defendant: (b) taken a bath that the Defendant f, who was called out upon the notification of 112 that the customer f was in a disturbance, recommended the said F to take home; (c) taken a bath that the Defendant f was spiting down the buck to the said F; and (d) f was bucking to the right side of the said F, on the one hand, that the fbuckbbbbbbs, which had the left right side of the said F, were assaulted by the Defendant.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning 112 reporting handling duties.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to F and C;

1. Application of the Acts and subordinate statutes that cut off on-site CCTV images and cut off booms images;

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 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. The punishment shall be determined in consideration of the fact that the sentencing of Article 334(1) of the Criminal Procedure Act is erroneous, the circumstances leading to the crime, the record of the crime, etc.