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(영문) 서울중앙지방법원 2019.01.31 2018고단7832
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 July 12, 2018, around 07:50 on July 12, 2018, the Defendant interfered with the business of the victim’s main business by force, including, but not limited to, a “C club” operated by the victim’s name under Seocho-gu Seoul Seocho-gu Seoul Metropolitan Government (hereinafter “C clubs”) by which the victim’s name was unable to win on the floor of the c clubs, and h

2. In the time and place set forth in paragraph 1, the injured Defendant heard from the victim D (the age of 32) who is an employee of a club, the phrase “to be taken up to the stairs outside the due catus,” thereby making up approximately three weeks back the victim’s right shouldering to the right part of the victim, which requires treatment for about three weeks.

3. On July 12, 2018, the Defendant obstruction of performance of official duties: (a) around 08:03, the Defendant stated that the police officer of the E box sent out after having received 112 report that the Defendant scam in the above club would be “or Mawp” to the police officer of the E box who was called out after having received 112 report that the Defendant scam, “or Mawp”; (b) the Defendant left hand of the above F, and (c) caused the patrol officer who belongs to the same police box to stop this, when the Defendant scam the

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the F, G, and D;

1. A H statement;

1. Investigation report (the No. 11 of the evidence list);

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 314 (1) of the Criminal Act applicable to the relevant criminal facts, Article 257 (1) of the Criminal Act, and Article 136 (1) of the Criminal Act concerning the criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each alternative fine for punishment;

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. In order to establish the legal order of the country with reason for sentencing of Article 334(1) of the Criminal Procedure Act and eradicate the light of the public authority, there is a need to strictly punish the crime of obstruction of performance of official duties, and the Defendant’s disturbance.

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