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(영문) 서울중앙지방법원 2018.02.12 2017고단9135
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 November 21, 2017, at around 23:20 on November 21, 2017, the Defendant: (a) heard the phrase “D’s singing room located in Jung-gu Seoul, Seoul; (b) sought from the victim E, the owner of the business, “Adora,” and obstructed the victim’s singing operation by force by avoiding disturbance 40 minutes, such as her head at the time of her head; and (c) her head at the time of her head; and (d) her knife with her knife in the corridor; and (d) her dancing in the corridor.

2. On November 22, 2017, the Defendant obstructed the performance of official duties, at around 00:08, when receiving a report from 112 among the police officers, who were going out of a disturbance at a singing room, and received a call from the police officers, such as the victim G, etc., who were the police officers belonging to the Seoul Southern-gu Seoul Southern Police Station Police Station, and took a bath to go home from the police officers, and took a bath to go home, he saw him on his hand with the left side of G at one time.

Accordingly, the Defendant committed assault to police officers as above, thereby obstructing the legitimate execution of duties concerning the dispatch of 112 reported report.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the statutes on each statement protocol with respect to E and G;

1. Relevant Article 314(1) of the Criminal Act, Article 316(1) of the Criminal Act (the point of interference with business), Article 136(1) of the Criminal Act (the point of interference with the performance of public duties), and the selection of fines for the crime;

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. The grounds for sentencing under Articles 70(1) and 69(2) of the Criminal Act, taking into account the characteristics of the instant crime and the degree of tangible force that the Defendant exercised, and the Defendant appears to have committed the instant crime, and the Defendant’s attitude was the first offender with no criminal history, and the Defendant’s age, sexual conduct, family relation, criminal history, the circumstances of the instant case, and the progress thereafter, shall be determined by taking into account the following factors: (a) the Defendant’s age, sexual conduct, family relation, the instant case’s history, and other conditions of sentencing.

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