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(영문) 서울서부지방법원 2018.01.24 2017고단3528
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 October 3, 2017, the Defendant: (a) around 21:00 on October 3, 2017, the Defendant: (b) was unable to avoid disturbance for about one hour, such as “E”, “E”, without any justifiable reason, taking a bath for customers who are under the influence of alcohol at a singing bar; and (c) taking time expenses, making customers take a disturbance.

Accordingly, the Defendant interfered with the victim's dan business by force.

2. On October 3, 2017, at around 23:50, the Defendant interfered with the performance of official duties, “E” on the front of the instant “E” dan 112 reported and confirmed the details of the report by the slope G, who was called out after receiving the 112 report, the Seoul Special Metropolitan City Police Station Facing Station G with the Defendant’s face, while keeping the Defendant’s face in the future of the said G’s face, shall be discarded at the time of “Isle and Isping with this business.”

In governance test, we died. There are two parts of internal technology, which means "one bucker bucker," and the face of the above G was put to drinking for the face of the above G, and during the arrest of a flagrant offender at the above police box, the above G's bucks were arrested and waiting for the flagrant offender, and assault and intimidation, such as two bucks.

Accordingly, the Defendant interfered with the police officer's legitimate performance of duties concerning the handling of 112 reports and the management of a new illness.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or G;

1. Application of investigation reports (a video analysis taken by a police officer dispatched to the scene at the time of the instant case), investigation reports (a statement of handling reported cases in 112) to statutes;

1. Article 314 (1) and Article 136 (1) of the Criminal Act (the point of interference with the performance of official duties) concerning facts constituting an offense;

1. Selection of each alternative fine for punishment (to take into account the circumstances, such as the reflection of his/her mistake, the violation that he/she does not want the punishment of a defendant under an agreement with a victim D, and the absence of any record of punishment after 209);

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. Article 70 of the Criminal Act to attract a workhouse.

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