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(영문) 수원지방법원 성남지원 2018.06.08 2018고단424

업무방해등

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. Around February 24, 2018, the Defendant: (a) received a report from D main points located in the Si/Ma-gu Ma-gu Ma-gu Ma-gu Ma-dong Ma-dong Ma-dong Ma-dong Ma-dong Ma-dong Ma-dong Ma-dong Ma-dong Ma-dong on the ground that the Defendant was under the influence of alcohol; and (b) demanded the said police officers to calculate the drinking value and return home from the slopeF and patrolman, a police officer belonging to the E-gu Ma-gu Ma-dong Ma-dong Ma-dong Ma-dong Ma-dong Ma-dong Ma-dong Ma-dong Ma-dong Ma-dong Ma-dong Ma-dong Ma-dong Ma-dong Ma-dong Ma-dong Ma-dong Ma-dong Ma-dong Ma-dong Ma-dong

2. The Defendant: (a) was under the influence of alcohol at the time and place set forth in paragraph (1); (b) was demanded by police officers to return home from the police officers; and (c) was able to give the said police officers a heavy desire to do so; and (d) was obstructed by force for approximately 30 minutes, such as having them go against the disturbance and having them go to the customer, thereby obstructing the victim H’s main shop business.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each of the Acts and subordinate statutes governing the written complaint;

1. Article 314 (1) of the Criminal Act (the point of interference with business) and Article 311 of the Criminal Act concerning the facts constituting an offense;

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

1. Selection of an alternative fine for punishment;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act reflects the Defendant’s mistake in sentencing; the Defendant agreed with the victim to interfere with the business; the Defendant’s criminal records; and in particular, the Defendant received a summary order of KRW 2 million due to the insult of police officers, taking into account all the factors of sentencing, such as the fact that the Defendant has been sentenced to a summary order of KRW 2 million.