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(영문) 서울중앙지방법원 2018.03.29 2017고단6329
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 September 1, 2017, from around 17:20 to around 18:15 on the same day, the Defendant: (a) refused to request the Defendant to replace the Defendant’s cell phone referred to in “C” located in Gwanak-gu in Seoul Special Metropolitan City from around 17:20 to the Defendant’s cell phone referred to in “C”; (b) the victim D (333) who is the head of the point at which the Defendant’s cell phone was located to newly replace the Defendant’s cell phone; and (c) the service period has expired. As such, the Defendant interfered with the Victim’s agency’s business by force for approximately 30 minutes, including: (a) he/she was aware of the C Service Center on the ground that he/she would make a speech; and (b)

2. On September 1, 2017, from around 18:15 to around 18:40 the same day, the Defendant obstructed the performance of official duties by a police official with respect to the prevention, suppression, and investigation of the said F and G grandchildren, who arrested the Defendant as a current offender and who was parked in the patrol vehicle parked in front of the said agency on the front of the said agency, on the ground that the police officer belonging to the Seoul Geumcheon Police Station E District Police Station, who was called out upon receipt of a report, and that the police officer arrested the Defendant as a current offender and takes the Defendant aboard the patrol vehicle parked in front of the said agency.

Summary of Evidence

1. Entry of the defendant in part of the protocol of the third public trial (a confession that interferes with the business) on the third public trial;

1. Witness D and each testimony of F;

1. Statement of the police statement related to G;

1. The photograph, investigation report (verification of the duration of crime interfering with business) [the defendant and his defense counsel] [the defendant and his defense counsel] did not notify the defendant of the reason for arresting the defendant and the right to appoint a defense counsel when the police officer F and G did not meet the requirements for arresting the defendant as a current offender since the obstructing act of the defendant was terminated at the time when the defendant was arrested the defendant as a criminal. Thus, even if the defendant exercised the force to the above police officer during the course of resistance against such illegal arrest, the crime of obstructing the performance of official duties is established.

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