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(영문) 수원지방법원안산지원 2020.08.13 2020고단1097
업무방해등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. On March 6, 2020, from around 21:30 to 22:50, the Defendant: (a) calculated the drinking value at “D’s main point of “D” operated by the victim C on the first floor underground of B in light of light, and (b) took a bath to other customers without going from the main point above; (c) walking the time; and (d) did not turn on the other customers’ table, and obstructed the victim’s main business by force.

2. At around 22:55 on March 6, 2020, the Defendant received a report on 112 that “D” located on the first floor below B, and recommended to return home from the staff F of the luminous Police Station E district unit assigned to the site. However, under the influence of alcohol, the Defendant expressed the police officer’s desire to “I am dead, because I am dead, I am dead, I am dead, I am dead,” and interfere with the police officer’s legitimate performance of duties concerning handling of the reported case, 112 report.

Summary of Evidence

1. Application of the Defendant’s legal statement F, G, and H’s written statement statement C by police officers’ respective police statements to F, E and H, E district service log, 112 reported case handling records, photographic images and CD-related Acts and subordinate statutes;

1. Relevant Article 314(1) of the Criminal Act, Article 136(1) of the Criminal Act, and the choice of each fine for the crime;

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order reflects the fact that the defendant recognized the crime and reflects the wrongness, there is no record of punishment for the same kind of crime, and the victim C and the police officer F agreed both with the defendant and other circumstances favorable to the defendant, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime.

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