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(영문) 의정부지방법원 고양지원 2019.03.07 2018고단3299
업무방해등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

1. On October 18, 2018, the Defendant interfered with business: (a) around 05:45, the Defendant obstructed the Defendant’s operation of the restaurant by force by avoiding a disturbance of about 15 minutes for the Defendant’s daily activities while under the influence of alcohol, such as having the Defendant run plastic cups on the Defendant’s daily activities, and going on the body part of the driving day beyond the bottom of the floor, thereby obstructing other customers from operating the restaurant by force.

2. On October 18, 2018, at the above D restaurant, the Defendant: (a) expressed a desire to “Yanyang Police Station E (Nam, 46 years old) called “Yanyang Franchiscise Skin Hakkin, Hakkin Hakkin,” sent out upon receipt of a 112 report of the disturbance, such as paragraph (1), and interfered with the police officer’s legitimate performance of official duties concerning the handling of reported cases, by assaulting the Defendant, such as attaching the head of the above E with his hand, and smuggling.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of E and F;

1. Application of the C’s respective Acts and subordinate statutes;

1. Relevant Article 314 (1) of the Criminal Act and Article 136 (1) of the Criminal Act (the point of obstructing business operation and the choice of fines) concerning criminal facts, the choice of punishment, etc. (the point of the year of execution of public duties and the selection of fines);

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. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is very poor to be committed in that the defendant interferes with his duties, and the police officer dispatched after receiving a 112 report has a direct force on his body.

There was no agreement with the victim.

However, the defendant's recognition of each of the crimes of this case is against the defendant, and there is no record of criminal punishment, etc. shall be considered as favorable to the defendant.

In addition, the records and arguments of this case, such as the age, character and conduct, family relationship, motive and circumstance of the crime, and circumstances after the crime, are revealed.

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