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(영문) 서울서부지방법원 2019.02.15 2018고단3266
업무방해등
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. On February 17, 2018, from around 20:00 to 22:00 of the same day, the Defendant interfered with the business, without any justifiable reason, led the victim C (hereinafter “C”) in Goyang-gu, Goyang-gu (hereinafter “D”)’s “D”) restaurant run by the victim C” (hereinafter “D”) and without any reason, to the other customers, who were in meals, she was able to have 10 customers who were in the restaurant and had 10 customers in the restaurant, and prevented them from entering the restaurant.

Accordingly, the Defendant interfered with the victim's restaurant business by force.

2. At around 22:45 on February 17, 2018, the Defendant: (a) expressed, at the same place as stipulated in paragraph (1) and (b) of the same Article, that “Negggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggg

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Each police officer's statement about G, C, H, and F;

1. Application of statutes on photographs of damage;

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. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Circumstances favorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order: Contrary to the nature of the sentence, the circumstances unfavorable to the agreement with the victim C: The defendant's age, character and conduct, environment, motive and motive for the crime.

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