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(영문) 서울남부지방법원 2017.08.17 2017고단1859

업무방해등

Text

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

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

Reasons

Punishment of the crime

On November 25, 2016, the Defendant was sentenced to ten months of imprisonment with prison labor by obstructing the performance of official duties in Seoul Southern District Court, and the execution of the sentence was completed in Seoul Southern District Court on March 1, 2017.

around 20:40 on March 17, 2017, the Defendant “2017 Highest 1859” was the victim C’s “D main points” in Geumcheon-gu Seoul, Geumcheon-gu, Seoul, and “E” to employees E.

“At the same time, the customers who were the next customer were able to take a bath and demanded “defluence ..........”, the customers were able to take a bath to the customer, and the customer who was her seated was fluenced for about 15 minutes, such as a fluence, and obstructed the victim’s main duty of operation by force.

around 19:50 on May 6, 2017, the Defendant assaulted on the part of the victim G (42 aged) located in the Geumcheon-gu Seoul Metropolitan Government F on May 6, 2017, the Defendant, who was demanded from the injured party to calculate the amount of the disturbance, such as making the trial expenses to female customers, etc., on the H main points of the H located in the Geumcheon-gu Seoul Metropolitan Government, and who was about to do so without calculating the amount of the disturbance, and the victim's left side is 1 time to see, the victim's loss, and the latter part of the 19:50.

Summary of Evidence

"2017 Highest 1859"

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police for E;

1. A written statement of I;

1. On-site damage photographs "2017 Highest 2756";

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. G statements;

1. Meritorious photographs of damage;

1. Inquiry about criminal history;

2. Application of Acts and subordinate statutes to investigation reports ( repeated crimes, confirmation of criminal records of the same kind, and current status of individual confinement);

1. Relevant provisions of the Criminal Act and Articles 314 (1) and 260 (1) of the Criminal Act concerning the selection of criminal facts (elective selection of fines);

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. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act that the defendant commits each crime during the period of repeated crime is not good.

However, a crime committed by a defendant under the influence of alcohol is committed.