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(영문) 서울중앙지방법원 2016.04.20 2015고단7397
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant operated the “Duding practice hall” in Seocho-gu Seoul Metropolitan Government.

1. Violation of the Music Industry Promotion Act;

A. Although the Defendant was prohibited from providing alcoholic beverages or arranging a loan for entertainment, the Defendant: (a) received KRW 181,00 from customers E on July 21, 2015; and (b) provided three-lanes in the said D Sing practice place; (c) provided four-lanes to customers; and (d) arranged a loan for entertainment by giving one woman to drink and singing together.

B. On May 19, 2015, the Defendant continued to conduct business, such as the foregoing “A” on July 21, 2015, even though he/she was under the suspension of business after receiving a business suspension order from the head of Seocho-gu around May 19, 2015.

2. Around July 22, 2015, the Defendant interfered with the performance of official duties at the above D Ssing practice site: (a) the Defendant reported excessive charges to the said Dsing practice site on July 22, 2015; (b) the police officer G, security guards, and security guards H, etc. of the Seoul Air Force Police Station F Police Station, dispatched to the site after receiving the report of the E- 112, attempted to verify the details of the report and the provision of liquor by the Defendant, etc. (b) the Defendant sent to the said G, etc.

At around 21:15 on the same day, the Defendant continued to sell alcoholic beverages at the instant singing practice place, and the Defendant’s 112 report that confirmed the authenticity of alcoholic beverages, the circumstances where the police box was assigned to the same box, and the circumstances and circumstancesJ, to check the facts of the Defendant.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers concerning 112 reporting processing and crime control affairs.

Summary of Evidence

1. Partial statement of the defendant;

1. Each written statement prepared by K, E, and I;

1. A report on investigation (an investigation conducted against the other party of a harvested person);

1. Notification of administrative dispositions taken against public sanitary places;

1. A certificate of registration of singing practice place business;

1. Application of statutes on field photographs;

1. Criminal facts;

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