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(영문) 청주지방법원 충주지원 2013.05.08 2012고정347

업무방해등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. On September 3, 2012, from around 21:30 to around 21:50, the Defendant obstructed the victim E’s call center business by holding the victim E, who is working for call service in the agency driving office located in D, with approximately 20 minutes, without leaving the victim E (n, 40 years of age).

2. The Defendant interfered with the performance of official duties of the police officer due to the defect in the demand for presentation of identification cards by the Chungcheong Police Station F District G working slope G working in the Chungcheong Police Station, which was called upon receiving a report that he would be punished for trial expenses at the time and place specified in paragraph (1) of the same Article, as the above G prevents the Defendant who used violence to one’s daily activities, thereby sprinking it, and destroying it over the floor, thereby obstructing the police officer’s legitimate performance of official duties.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E, G and C;

1. Partial statement of the witness H in the court;

1. Photographs of the victim;

1. Application of Acts and subordinate statutes to report the occurrence of cases;

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

1. Selection of each selective fine for punishment (including circumstances leading to the commission of an offense);

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;

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order

1. Of the facts charged in the instant case, the Defendant: (a) received a substitute driving call from around 50 minutes to around 21:50, Sept. 3, 2012; (b) deemed the victim C (35 years of age) who was a substitute driver at the J restaurant located I in Chungcheongnam-si, to go to the G-si Hospital distance; (c) had arrived at the same place; (d) did not pay money from that time; and (e) had the victim take a bath to the victim; and (e) had the substitute driver call center at the same time arrived at the D substitute driver’s office located in the same city.