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(영문) 부산지방법원 2016.08.10 2016고단1944
업무방해등
Text

A defendant shall be punished by a fine of 10 million won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be paid.

Reasons

Punishment of the crime

1. 업무 방해 피고인은 2016. 2. 29. 21:10 경 부산 연제구 D에 있는 피해자 E( 여, 34세) 운영의 'F' 주점에서, 일행들과 술을 마시다가 자신이 하는 일이 잘되지 않아 혼자 남아서 술을 더 마시다가 술에 취하여 그곳에 있던 다른 손님들에게 " 씨 발 놈들 아. "라고 욕설하는 등 고함을 치고 여자 손님들을 빤히 쳐다보는 등 약 1시간 동안 위력으로써 피해자의 주점 경영 업무를 방해하였다.

2. On February 29, 2016, around 22:20, the Defendant obstructed the performance of official duties at the F main office, and around 112 reported and sent out of the Busan Metropolitan Government G District Police Station G District police officers belonging to the Busan Metropolitan Government G District Police Station, who were in motioned to interfere with his/her business, went out of the main office, and restrain the Defendant, and at the time he/she saw to “Se ...........”, the Defendant h’s backlined the Defendant at one time.

Accordingly, the defendant assaulted police officers who perform official duties, thereby hindering police officers from performing their legitimate duties on the suppression and prevention of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and H:

1. Application of Acts and subordinate statutes to a report on investigation (Attachment to a photograph of a cell phone image closure);

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 crime of this case with the reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of Provisional Payment Order was committed by the Defendant for a period of two years after the Defendant was sentenced to a suspended sentence of ten months for fraud, and the Defendant was under the suspended sentence of two years for the period of ten years, and even though his violent criminal records such as interference with his duties had been committed 13 times, it interfere with the victim E’s main management, and interfered with the police officer’s work, thereby obstructing the performance of his duties

However, the defendant is against the defendant, and the police officer H.

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