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(영문) 의정부지방법원 2019.03.07 2018고단4767
업무방해등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

1. On September 28, 2018, the Defendant who interfered with his/her business: 00 :30 South-si on September 28, 2018

B. Around 10 minutes of disturbance, while drinking alcohol at D’s D’s drinking house operated by the victim C, the victim interfered with the victim’s restaurant business by force by avoiding the disturbance for about 10 minutes, such as breaking the disturbance on a book by putting it into the fluor’s disease and breaking it into the fluor’s book.

2. At around 00:45 on September 28, 2018, the Defendant: (a) received a report from the place specified in paragraph (1) that the Defendant was accompanied by the goods and committed assaulting the beer residues f (the age of 49), a police official belonging to the Namyang Police Station Edistricted in the Namyangan Police Station, demanding the Defendant to file a petition, such as “Is the beer to get out of the beer,” and “Isn't know that I would die. I would have been sentenced to imprisonment with prison labor as to whether Isson’s superior or not; (b) last, I tried to display the beer residues f that was cited in his hand toward F’s head.

Accordingly, the defendant interfered with legitimate execution of duties concerning crime prevention and suppression of police officers.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. G statements;

1. Application of the Acts and subordinate statutes governing field CCTV data CDs;

1. Relevant Article 314(1) of the Criminal Act and Article 136(1) of the Criminal Act (the point of obstruction of performance of official duties and the choice of fines) concerning criminal facts;

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. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of applicable sentences under law: Fines of 50,000 to 22,500,000; and

2. Determination of sentence: The same sentence as the order shall be determined by comprehensively taking into account the conditions of sentencing as shown in the records, such as the defendant's age, occupation, character and conduct, family relationship, and circumstances before and after the crime, under the conditions below 7 million won.

Unfavorable circumstances: the period of repeated crimes committed by violence.

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