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(영문) 부산지방법원 2017.01.20 2016고단7226
업무방해등
Text

Defendant shall be punished by a fine of KRW 3,500,000.

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

Reasons

Punishment of the crime

1. On November 9, 2016, at around 13:55, the Defendant: (a) took a bath on the EKa page operated by the victim D located in Busan-gu, Busan-gu, stating, without any justifiable reason, “this Chewing year and the same year of opening”; and (b) was seated on the victim of a defective car page “not to be confirmed”, and (c) was seated on the victim of this knife how much and how much the son’s inside the police station she would see, “The Defendant interfered with the victim’s business by force by force, such as: (a) smoking tobacco at the inside and leaving the police station, and preventing customers from entering the school until the police officer is dispatched.

2. On November 9, 2016, at around 14:10, the Defendant: (a) was asked from G of the F District District of the Busan Western Police Station, the Busan Western Police Station, who was dispatched after being reported to paragraph (1) at the place specified in paragraph (1) on November 14:10, 2016, that “I am asked “I am going to see why I am smoking, take a bath, frighting, and interfered with the duties of the police officer,” and that “I am to see this fake, I want to see, I am to see, I am in prison,” and that I interfere with the legitimate performance of the duties of the police officer by assaulting the police officer’s bridge, such as having been taken off by the snow part of the police officer.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D 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, Article 38 (1) 2, and Article 50 of the said Act (an aggravated punishment for concurrent crimes against a person who interferes with heavier business affairs);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is not good, and the victims are punished.

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