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(영문) 서울중앙지방법원 2016.05.13 2016고단575
업무방해등
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On January 29, 2016, from around 03:20 to around 03:30, the Defendant obstructed the victim’s main business by force by force, such as undermining the victim’s main business operation, by under the influence of force, where the Defendant was under the influence of alcohol, who received a request from the injured party for payment of the drinking value, and by passing a disturbance, such as passing through sound, within the “E point” of the victim D’s operation in Seocho-gu Seoul Metropolitan Government (hereinafter referred to as “E point”).

2. When the Defendant obstructed the performance of official duties, at the time and place stated in the above paragraph (1), and at the place reported to 112, arrested a flagrant offender due to the suspicion that he was infiniteing and obstruction of duties from the slope victim G belonging to the Seocho Police Station F police box, which was called out, the Defendant was arrested by the above G.

“In doing so, the Defendant assaulted the victim H by putting the top part of the police box belonging to the same police box, which continued to be next to the said G, on his hand, while putting the left part of the said G into her hands.

Accordingly, the defendant interfered with the legitimate execution of official duties by police officers on arrest of flagrant offenders.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D, G, and H;

1. Application of Acts and subordinate statutes on account statements and damaged photographs;

1. Article 314(1) of the Criminal Act applicable to the facts constituting an offense (the point of interference with business) and Article 136(1) of the Criminal Act (the point of interference with the performance of public duties);

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (limited to cases where a person interferes with the execution of official duties);

1. Selection of each alternative fine for punishment;

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. Although the criminal liability of the defendant for the reason of sentencing under Article 334(1) of the Criminal Procedure Act is not minor, the punishment is determined as ordered in consideration of the following circumstances: (a) the confession and reflect of the crime; (b) the victim D and the defendant agreed smoothly with the victim; and (c) the defendant's age, sex, criminal conduct, environment, family relationship; (d) motive and consequence of the crime; and (e) the circumstances that form the conditions of sentencing as shown in the argument of this case, such as the circumstances after the crime.

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