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(영문) 서울서부지방법원 2014.02.12 2013고단3224

업무방해등

Text

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

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

Reasons

Punishment of the crime

1. On November 20, 2013, around 14:10 on November 20, 2013, the Defendant: (a) expressed the victim’s “D” convenience store located at Mapo-gu Seoul Mapo-gu Seoul, that “I are equal to a bitch bitch bitch bitch son,” without any reason, and obstructed the part of the victim’s convenience store operation for about 20 minutes by force, such as “I with water” and receiving time fees from customers entering convenience stores.

2. The Defendant: (a) expressed to F of the Mapo Police Station E District Unit of the Mapo Police Station, who was dispatched to the site after having received a report on the same date and time as the preceding paragraph; (b) and at the same place as that of the preceding paragraph; and (c) expressed 112 notification to F of the site, “Isn't have been able to perform the duties of the police officer with legitimate execution of duties concerning the handling of the reported case, by assaulting F of the said F, such as: (a) continuing to be able to go to customers despite the met of the foregoing F; (b) selling the Defendant out of the convenience store the face of the said F at one time due to the defect.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol to F and C

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

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

1. The reason for sentencing under Articles 70 and 69(2) of the Criminal Act is against the Defendant’s confession of the instant crime, and the victim C does not want the Defendant’s punishment.