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(영문) 수원지방법원 성남지원 2018.06.08 2018고단619
업무방해등
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On February 22, 2018, the Defendant interfered with his/her duties: (a) while drinking alcohol at a “D” restaurant operated by the victim C in Seongbuk-gu, Sungnam-si, Sungnam-si on February 22, 2018; (b) upon his/her own initiative, he/she takes a large volume of noise, and takes a bath on the next table, and (c) has the customer who provides meals on the table table, and (d) has the customer “Isle several governance.”

E Doz.

"Along with the time, such as speaking and taking a bath, making customers feel uneasy, let customers go to the above restaurant, and interfere with the victim's operation of the restaurant for about one hour from around 10:10 on the same day.

2. 공무집행 방해 피고인은 2018. 2. 22. 10:00 경 위 1 항과 같은 장소에서, 1 항의 일로 112 신고를 받고 출동한 분당 경찰서 F 지구대 소속 순경 G이 귀가를 종용하자, " 꺼져, 병신 아 씨 발 한국 짭새들은" 이라고 욕설을 하면서 양손으로 위 순경 G의 어깨를 위에서 아래로 찍어 눌러 폭행하였다.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on handling 112 reports.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the law of each police statement protocol to G and C

1. Relevant Article 314(1) of the Criminal Act, Article 316(1) of the Criminal Act (the point of interference with business), Article 136(1) of the Criminal Act (the point of interference with the performance of public duties), and the selection of fines for the crime;

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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The sentencing conditions of Article 334(1) of the Criminal Procedure Act include: (a) the fact that the defendant reflects the wrongness of the defendant; (b) the fact that the defendant agreed with the victim of the business obstruction; and (c) the prosecution’s opinion on the punishment of the defendant; and (d) the punishment as set forth in the Disposition above.

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