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(영문) 인천지방법원 2019.09.19 2019고단3903

업무방해등

Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On March 31, 2019, at around 04:10 on March 31, 2019, the Defendant interfered with business: (a) without permission entered the victim D's shop operated by the victim D, the fourth floor in Incheon, and (b) without paying the fee; (c) took a bath, and (d) took the bath, that the Defendant “I will see why I would see???????????????????????????????????????????????????????????????????????????????????????????????

Accordingly, the Defendant interfered with the victim's above-mentioned, management, and store operation by force.

2. At around 04:40 on March 31, 2019, the Defendant used the place indicated in the foregoing paragraph (1), and assaulted the Defendant at one time to walk the face of the said F on one occasion, when the Defendant was arrested the Defendant as a flagrant offender in the crime of interference with business, etc., as the police officer belonging to the Incheon Yeonsu Police Station E District, which was called upon 112, demanded the Defendant to present his identification card.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the handling of 112 reported cases and the arrest of a flagrant offender.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol to D and F

1. Relevant Article 314(1) of the Criminal Act, Article 314(1) of the Criminal Act, Article 136(1) of the Criminal Act, the choice of each fine (the term of suspension of performance of official duties), and the choice of each fine (the term of suspension of execution of official duties is not for the same crime, but for the same crime, the confession and mistake are divided, there is no record of criminal punishment except for the previous offense of suspension of execution of official duties, and the circumstances of the assault

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 of the provisional payment order;