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(영문) 제주지방법원 2013.10.23 2013고정747

업무방해등

Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On May 25, 2013, at around 12:20, the Defendant obstructed the business, at around 12:20, the Defendant: (a) avoided the disturbance for about 10 minutes, including the fact that the Defendant: (b) applied to the “D authentic land restaurant” operated by the Victim C located in Jeju-si; (c) applied to the said restaurant while being drunk, and (d) applied to the said restaurant while being drunk; and (b) applied to the victim’s wife E.

Accordingly, the Defendant interfered with the victim's emotional restaurant business by force.

2. When the Defendant interfered with the performance of official duties at the time, place, as described in Paragraph 1, and at the same time and place as above, committed assault, such as assaulting the slope G belonging to the F Zone G of the Jeju East Police Station in the Jeju East Police Station, which was dispatched to the site after receiving a report of 112, and taking a bath to “patch flap, flap, flap, flap,” and Ha of the slope G’s flaps, which read that “patch flap,

Accordingly, the defendant interfered with legitimate execution of duties concerning the control of crime according to 112 report by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to C and G;

1. Application of Acts and subordinate statutes of the I;

1. Relevant Article 136(1) of the Criminal Act, Article 314(1) of the Criminal Act, and Article 136(1) of the Criminal Act, the choice of fines for the crime;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the Criminal Act;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;