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(영문) 대구지방법원 서부지원 2019.08.23 2018고단3524

업무방해등

Text

Defendant shall be punished by a fine of eight million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. On December 1, 2018, around 01:30 on December 1, 2018, the Defendant: (a) heard the victim’s main points in the Daegu-gu Seo-gu Operation C’s operation, namely, that the victim would have become a vision with other customers; and (b) seeing that the victim would have been able to calculate the drinking value and return home from the victim; and (c) took a bath with a large sound of alcohol, the Defendant obstructed the victim’s main points business by force.

2. At around 02:00 on December 1, 2018, the Defendant interfered with the main business as above at the places indicated in the foregoing paragraph 1., and upon receiving a report, the Defendant obstructed the performance of legitimate duties concerning the prevention and suppression of crime of slopeF, when the slope F, who belongs to the Daegu Haal Police Station Edistrict, sent out upon receiving a report, shouldered the Defendant’s daily behavior, paid the drinking value, and demanded him to return home, thereby hindering the Defendant’s legitimate performance of duties.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F and C;

1. Application of the 112 Reporting List and the statutes governing the place of work;

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

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. Article 334(1) of the Criminal Procedure Act provides that the Defendant has a number of criminal records of the same kind (the Defendant was subject to repeated punishment) and, in particular, the Defendant’s criminal liability is very heavy in view of the fact that, on November 2, 2017, the Defendant was sentenced to imprisonment with prison labor for six months as a result of the crime of interference with business from the Seo branch of the Daegu District Court (2017 Godandan990) on November 10, 2017, which became final and conclusive on November 10, 2017, and the instant crime was repeated during the period of suspension of execution, and there is a need to strictly punish the instant crime in order to establish a legal order and eradicate the light of public authority.

On the other hand, the defendant acknowledges his mistake.