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(영문) 서울남부지방법원 2018.08.24 2018고단2428
업무방해등
Text

Defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding 50,000 won.

When the defendant does not pay a fine; 25.

Reasons

Punishment of the crime

1. Anyone who violates the Punishment of Minor Offenses Act shall not spit or spit in or spit in streets, parks or other places where many people gather or frequent without permission;

Nevertheless, around April 20, 2018, the Defendant, at around 17:45 on April 20, 2018, extracted urine urine from the corridor where many people gather or frequent in the 1st floor underground of Gangseo-gu Seoul Metropolitan Government B building, to the wall.

2. When the Defendant: (a) discovered from the victim D, who operated the “Caturology classroom” located immediately next to the place where the caturology was immediately located at the time and place specified in paragraph (1); (b) received a claim from the injured party; (c) she s/he s/ she s/ she s/ she s/ she s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s

As a result, the Defendant interfered with the education of the victim by force.

3. On April 20, 2018, the Defendant interfered with the performance of official duties: (a) received a report of 112 interference with scarcology and duties at the place indicated in the foregoing paragraph 1 at around 18:20 on April 20, 2018; and (b) received a report of 112 interference with scarcology and duties; and (c) examined facts, etc. at the site, to a slope G belonging to the police box, such as a slope F

The Defendants: (a) expressed the arms by putting the arms, (b) sealed F and G chest by hand, and assaulted F and G chest by hand; and (c) thereby interfered with police officers’ legitimate execution of duties concerning the handling of reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared in D;

1. Each police statement made to F and G;

1. Application of Acts and subordinate statutes to investigation reports (victim D telephone communications);

1. Relevant Article 3 (1) 12 (a) of the Punishment of Minor Offenses Act (a point of law enforcement fee), Article 314 (1) of the Criminal Act (a point of interference with business) of the Criminal Act, Article 136 (1) of the Criminal Act (a point of interference with the performance of official duties) concerning the crime;

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

1. Violation of the Punishment of Minor Offenses Act in relation to option of punishment;

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