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(영문) 수원지방법원 2019.09.27 2019고단3336

업무방해등

Text

Defendant

A shall be punished by a fine of KRW 4.5 million, and Defendant B shall be punished by a fine of KRW 3.5 million.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

1. The Defendants’ co-principal (Obstruction of Business) was unable to avoid any disturbance, such as drinking in the “E” restaurant operated by the victim D in Suwon-si, Suwon-si, from around 23:00 on May 11, 2019 to around 23:50 on the same day, by drinking at the “E” restaurant operated by the victim D, which is located in Suwon-si, without any different reasons. The Defendants spit the spits on the floor, such as spiting spits, etc. on the floor, and the Defendants spit the spits outside the above restaurant, and the Defendants corrected the entrance of the entrance, thereby gathering the spits and advertising balloons near the restaurant, and spiting the door door by putting it off by hand.

As a result, the Defendants conspired to force and interfered with the victim's restaurant business for about 50 minutes.

2. On May 11, 2019, at around 23:50 on May 23, 2019, Defendant A committed assault, such as assaulting the snow part of G by drinking one time, while arresting a flagrant offender due to interference with D’s business from the police box affiliated with the police box of the Suwon-nam Police Station, which called out after having received 112 reports on the 11st place near the restaurant as stated in paragraph (1).

Accordingly, the defendant interfered with legitimate execution of duties on the prevention and restraint of police officers' crimes.

3. Defendant B committed assault, such as tear, etc., when he was arrested as a flagrant offender, in the process of obstructing the work of D from the chief of the police station affiliated with the police station of Suwon-nam Police Station, which was dispatched after receiving a report of 112 at the time and place mentioned in paragraph (2).

Accordingly, the defendant interfered with legitimate execution of duties on the prevention and restraint of police officers' crimes.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement of G and H;

1. Written statements of D;

1. Application of statutes on photographs of damage;

1. Relevant provisions of the Criminal Act and the choice of sentence against the crime A: Articles 314(1) and 30 of the Criminal Act, Article 136(1) of the Criminal Act, and Article 314(1) of the Criminal Act, and Article 314(1) of the Criminal Act, and Article 314(2);