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(영문) 창원지방법원 2020.01.22 2019고단3678

업무방해등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

Where a defendant fails to pay a fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. 업무방해 피고인은 2019. 10. 16. 01:30경 김해시 B에 있는 피해자 C(여, 61세)가 운영하는 분식집에 술에 취한 상태로 찾아와, ‘초등학교 6학년 때 여기서 떡볶이를 샀는데, 왜 이리 떡볶이를 적게 주냐. 이런 집이 다 있냐’는 등 횡설수설하면서 분식집 선반을 손으로 수회 내려치면서 시비를 걸고, 귀가를 권유하는 피해자를 손으로 수회 밀치는 등 그때부터 같은 날 03:20경까지 약 1시간 50분 가량 소란을 피워 피해자의 분식점 영업 업무를 방해하였다.

2. On October 16, 2019, the Defendant engaged in obstruction of performance of official duties, at around 03:40 on and around October 16, 2019, who received a report of 112 and was solicited to invalid from E and E and F, a police officer belonging to the D Zone District of the Kimhae Police Station D District, and did not comply with such solicitation. While under the influence of alcohol, the Defendant breaddd the body of E as “hphab” and brupted the body of E with his hand, carried the shoulder and shoulders, booms and trees, and drad them into two arms.

Accordingly, the Defendant interfered with the legitimate execution of duties by the police officers on the handling of the 112 reported case.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to C, F, and E;

1. Investigative Report (Scam image verification – Application of Acts and subordinate statutes governing the obstruction of performance of official duties), Bac image photographs;

1. Article 314 (1) of the Criminal Act and Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each alternative fine for punishment;

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

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act include the following circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime are committed.