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(영문) 대구지방법원 2015.04.09 2015고단189
업무방해등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

1. On January 7, 2015, from around 21:30 to 23:10 the same day, the Defendant interfered with the Defendant’s business, without any reason, interfered with the victim’s restaurant business by drinking in the “E” restaurant operated by the victim D, who was in Daegu-gu, Daegu-gu, without any reason, by making the victim drink “E,” and without any reason, seeing the victim’s restaurant “E,” and making it difficult to perform funeral services in the Neeee, and making it impossible to do so, and making the customer drinked, look away from the place, and having the customer talked, and preventing him from entering the place, thereby interfering with the victim’s restaurant business by force.

2. On January 7, 2015, the Defendant: (a) reported the 112 report of the fact that a mobile phone was located in G-gu, Daegu-gu, Seoul-gu, on the front of the instant processing; (b) subsequently, the Defendant committed assault, such as assaulting the chest and shoulder, etc. of the guards of the H District of the Daegu-nam Police Station H District, which was called upon the said report, on several occasions; and (c) continued to interfere with the police officer’s legitimate performance of duties concerning crime prevention and investigation.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to I and D;

1. Application of one copy of work log Acts and subordinate statutes;

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 the sentencing of Articles 70(1) and 69(2) of the Criminal Act in the Labor House Detention Act prevents the Defendant from running the restaurant business by force, and further interferes with the police officer's performance of official duties by force. However, the Defendant’s mistake is divided, the Defendant did not have any criminal record other than two times of fine, and the degree of assault and obstruction to police officer’s official duties is minor, and the victim D.

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