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(영문) 대구지방법원 2015.01.22 2014고정2468

업무방해

Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

On October 21, 2014, the Defendant was sentenced to six months of imprisonment for the obstruction of performance of official duties at the Seoul Central District Court and one year of suspended execution, which became final and conclusive on October 29, 2014.

On September 11, 2014, between 20:30 and 21:00, the Defendant demanded the victim to lend KRW 30,000 to the victim while drinking alcohol in the “Ecafeteria” operated by the victim D in Daegu-gu Dong-gu, Daegu-gu, but the victim was refusing to do so. However, the Defendant obstructed the victim’s restaurant business by force by forcing the customers, who were drinking alcohol on the floor, to leave the place, and let the customers who were drinking alcohol attend the place.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning suspect examination of D;

1. A report on investigation (Attachment of photographs);

1. Previous convictions in judgment: Investigation report (Confirmation of the date of confirmation), application of statutes of the judgment;

1. Relevant provisions of the Criminal Act and Article 314 (1) of the Criminal Act concerning the selection of punishment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.