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(영문) 서울남부지방법원 2015.03.24 2015고단90
업무방해등
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On December 8, 2014, from around 23:00 to 23:30, the Defendant obstructed the victim’s restaurant business by force on the part of the victim’s restaurant operated in Guro-gu Seoul Metropolitan Government, and by force over about 30 minutes, the victim’s restaurant business was obstructed by driving away from the victim’s customers by putting a vision, such as drinking while drinking alcohol on the name-free female customers, who were on the next table table, and passing through sound.

2. On the same day at around 23:40 of the same day, the Defendant: (a) received a report from the police officer F of the police officer assigned to the Seoul Guro-gu Police Station Escopa, who was dispatched to the scene and was urged to stop the above act; (b) obstructed the police officer’s front of the patrol box on the ground that the police officer was unsatured; (c) obstructed the police officer, who was going to go back to the patrol box on the ground that the police officer was unsatured; and (d) tried to assault the police officer by opening a line with the police officer’s chief patrol officer, who was on board the police officer.

Accordingly, the defendant interfered with the police officer's 112 report processing and patrol of jurisdiction by force.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. C’s statement;

1. Application of the Acts and subordinate statutes governing CCTV images;

1. Article applicable to criminal facts;

(a) point of interference with business: Article 314 (1) of the Criminal Act;

(b) The point of obstruction of performance of official duties: Article 136(1) of the Criminal Act.

1. Selection of each alternative fine for punishment (in this case, it shall be taken into account that the victim does not want the punishment of the defendant, that the victim does not want the punishment of the defendant, that the victim does not proceed to the act of assaulting the body of the police officer, that there is no particular criminal record other than the fine once, that the victim led to confession and reflects in depth, etc

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;

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