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(영문) 수원지방법원 2014.09.17 2014고단4031

업무방해등

Text

Defendant

A shall be punished by a fine for negligence of KRW 1,500,000, and by a fine of KRW 3,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

1. Defendant A

A. On June 14, 2014, at around 01:40, the Defendant interfered with the business, at the E entertainment tavern operated by the victim D in Suwon-gu, Suwon-gu, Suwon-si, the Defendant collected a calculating machine in the direction of the victim, such as “Ig, chrophs, Handphone recovery, and Handphones when you find out,” and obstructed the victim’s main operation by force.

B. At the above time and place, the Defendant publicly insultingd the victim by openly insulting the victim, on the ground that the victim G, a police officer affiliated with the police station of the Suwon East Police Station, who received a report, did not properly find his/her mobile phone, on the ground that the victim G, who was a police officer affiliated with the police station of the Suwon East Police Station, was not aware of his/her own mobile phone.

2. Defendant B, at the time and place of the above case, requested that the above G take place in a so-off for the collection of a calculating instrument, thereby obstructing police officers’ legitimate execution of their duties by taking away G from their own left hand at one time.

Summary of Evidence

1. Defendants’ respective legal statements

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

1. A complaint;

1. The Defendants alleged to the effect that they were in a mental and physical state under the influence of alcohol at the time of committing the instant crime. However, in light of the background leading up to the instant crime, the means and method of committing the instant crime, and the circumstances after committing the instant crime, the Defendants did not have the ability to discern things or make decisions by under the influence of alcohol at the time of committing the instant crime.

Since it is difficult to see that such assertion was in a state or weak condition, it shall not be accepted.

Application of Statutes

1. Defendant A of the pertinent legal provisions pertaining to criminal facts: Article 314(1) of the Criminal Act (the point of interference with business) and Article 311 of the Criminal Act (the point of insult): Article 136(1) of the Criminal Act;

1. Defendants who choose the punishment: fine, respectively.