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(영문) 서울서부지방법원 2020.01.08 2019고정896

업무방해등

Text

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

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

Reasons

Punishment of the crime

1. Defendant A’s obstruction of business is the customer of “C Burial” in Mapo-gu Seoul Metropolitan Government, and the victim D and the victim E are the employees of the above branch.

At around 12:20 on July 31, 2019, the Defendant: (a) visited a customer at the above place to take care of the victim D, and obstructed work between approximately 20 minutes by force, such as taking handphones and bags.

2. From 12:35 on the date of the above 1.1.35, the Defendant was arrested as a flagrant offender at the above place and handed over to the F police box, and the Defendant was able to avoid disturbance for about one hour, such as “Chos, bottles, fluor, fluor, fluor, fluor, fluor, fluor,” and fluoring fluor G and seven other persons performing official duties while under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of partial police officers of the accused;

1. Reports on internal investigation (including attachedD, E statements, photographs, etc. with respect to refusal to affix a written confirmation of arrest or detention suspects and a written confirmation of arrest);

1. Reports on internal investigation (victim E telephone call);

1. Application of Acts and subordinate statutes to investigative reports ( telephone communications with H of witnesses);

1. Article 314 (1) of the Criminal Act applicable to the relevant criminal facts and Article 314 (3) 1 of the Punishment of Minor Offenses Act (the point of the cancellation of the head of a government office);

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;