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(영문) 창원지방법원 마산지원 2016.06.28 2016고단336
업무방해등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

1. On March 21, 2016, from around 01:10 to 02:00 the same day, the Defendant interfered with the Defendant’s operation of the victim’s singing shop business by force by avoiding disturbance, such as drinking 30,00 won, after drinking 10,00 won, from the D singing shop operated by the victim C, who is in the Chang-si Mawon-si Member B, and drinking 30,000 won, including 10,000 won, and drinking 10,000 won, and demanding payment of the remaining drinking value to the victim.

2. The Defendant, at around 01:30 on March 21, 2016, insultd the victim F, a police officer belonging to the police station in the Masan-dong Police Station in the Masan-dong Police Station, Gyeongnam-gu, Busan, who was reported on the same ground as that set forth in paragraph 1, and dispatched to the victim for the same reason as that set forth in paragraph 1, and from among those having one employee and one customer, he/she intends to enter the victim’s “brin. Chewing f. f. f. f.,”

Chewingly called "Chewing", the victims were openly insulting.

3. On March 21, 2016, the Defendant obstructed the performance of official duties, at around 02:00, the Defendant stated that the police officer, who belongs to the police station of the Masan-dong Police Station, demanded the payment of the drinking value from the police officer G to the above G, who was in receipt of a request for the payment of the drinking value from the police officer G of the police station of the Masan-dong Police Station of the Masan-dong Police Station of the Masan-dong Police Station, “I want to sus. sus. s. s. s. s. s. s. s. s. s. w off the above G’s shoulder by hand, s

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the prevention, suppression, investigation, and maintenance of order.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the laws and regulations on police statements made to C, G, and F

1. Relevant legal provisions of the Criminal Act, Article 314(1) of the Criminal Act (the point of interference with business), Article 311 of the Criminal Act (the point of insult), Article 136(1) of the Criminal Act (the point of interference with the performance of public duties), and the selection of fines for each 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. Article 334(1) of the Criminal Procedure Act provides that a provisional payment order shall be issued.

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