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(영문) 서울서부지방법원 2014.05.27 2014고정652

업무방해등

Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On October 30, 2013, from around 02:30 to 02:50, the Defendant interfered with business operation of the victim’s business establishment under the influence of about 20 minutes, thereby hindering the victim’s operation of the said business establishment by: (a) exposing the victim’s horse that he/she would not sell alcoholic beverages; and (b) taking the victim’s horse that he/she would not sell alcoholic beverages; and (c) taking the victim who seeks to restrain him/her from drinking and drinking; and (d) preventing him/her from entering the said business establishment due to the threat of force of about 20 minutes.

2. On October 30, 2013, the Defendant received a report at around 03:00, and obstructed the performance of official duties by assaulting the police officer, such as: (a) the F of the police box affiliated with the Seoul Bupyeong Police Station Emba, who was dispatched to the place under the above paragraph (1) and the Defendant who was interfering with duties by avoiding disturbance and interfering with duties; and (b) the police officer’s legitimate performance of official duties by assaulting the police officer, such as asking out of the place of business and asking out of the place of business, personal information, etc., and asking back the face of G from the place of business twice.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning C and G;

1. A H statement;

1. Application of the Acts and subordinate statutes to investigation reports (the attachment of ctv materials taken at the time of criminal conduct);

1. Relevant provisions of the Criminal Act and Articles 314 (1) and 136 (1) of the Criminal Act concerning the choice of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;