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(영문) 부산지방법원 2019.07.19 2019고단1721
업무방해등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. On February 21, 2019, at around 03:00, the Defendant: (a) took a taxi operated by the victim D in front of the convenience store located in Busan Jung-gu, Busan; (b) without carrying out the following guidance, the Defendant: (c) stated, “When the victim is informed of the payment of the card upon arrival of another vehicle at the home, it would be consistent with how he would bring about the house if he would come to the house; (d) his family members would come to move to the house; (c) 3:00; and (d) 20 minutes during the period when the police officers who received the victim’s 112 report were sent to the said taxi.”

Accordingly, the Defendant interfered with the victim's taxi operation by force.

2. On February 21, 2019, at around 03:40 on February 21, 2019, the Defendant: (a) arrested the police officer, upon receiving 112 a report, as a flagrant offender, such as the crime of interference with business against D’s business; and (b) transferred the police officer in Busan Central-gu to the G police box located in F.

On February 21, 2019, at around 04:20, the Defendant appeared to have taken a bath to the above D who was examined at the above police box. The Defendant saw that the police box affiliated with the above police box would restrain H from doing so, and assaulted the above H’s face, such as spiting down one time on the front part of the h’s face and twice on two occasions on the h’s clothes.

Accordingly, the defendant interfered with legitimate execution of duties concerning the suppression and investigation of police officers' crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each statute on police statements made to D and H;

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

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