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(영문) 대구지방법원 2015.08.18 2015고단2810
업무방해등
Text

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

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

Reasons

Punishment of the crime

1. On June 12, 2015, from around 20:15 to 21:00 on the same day, the Defendant interfered with the Defendant’s business, at the point of “C” located in Daegu Dong-gu Dong-gu Dong-gu, Daegu, and the same day, and at the same time, re-exploitates the Defendant, on the grounds that the entrance of the case packing box was teared between the Defendant purchased, and the victim D, who is his/her employee, expressed an desire, such as “clost”, and continued to grow a large amount, and obstructed the Defendant’s business of the above victim’s task for about 45 minutes by force, such as having female customers find out a place of the phone at that place, and by force.

2. On June 12, 2015, the Defendant committed violence, such as: (a) around 21:15, at the F District District of the Dong-gu Dong-gu Seoul East Police Station; (b) at the F District District of the Dong-gu, Daegu, Dong-gu, Dong-gu, Seoul, the Defendant voluntarily committed an act of interference with the performance of official duties, and (c) the slope G belonging to the said district forces expressed an explanation in order to have the Defendant signed the “voluntary consent form” in the “voluntary consent form.”

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to the prevention, suppression and investigation of police officers' crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police officer's statement about D and G;

1. Application of statutes on field photographs;

1. Relevant Article 314(1) of the Criminal Act, Article 136(1) of the Criminal Act, and the choice of each fine for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act is that the Defendant interfered with the business of the main office by force and interfered with the performance of official duties by force against the police officers by force. However, the Defendant expressed his intention not to be punished against the Defendant, and the degree of interference with official duties is relatively minor.

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