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(영문) 서울중앙지방법원 2015.12.11 2015고단6673
업무방해등
Text

Defendant

A A shall be punished by a fine of KRW 5 million, and Defendant B shall be punished by a fine of KRW 2 million.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. Defendant A

A. At around 01:00 on June 4, 2015, the Defendant interfered with the business of the victim’s restaurant business by force, on the ground that, at the main point of “G” operation of the Victim F in Seocho-gu Seoul, Seocho-gu Seoul E building, the Defendant: (a) laid the water pipe installed at the main point of alcohol and laid the water tank, laid the water in the water speed; (b) took a bath to the said F; and (c) took the face of H, the said main customer, and interfered with the victim’s restaurant business by force.

B. On June 4, 2015, around 01:30 on June 4, 2015, the Defendant interfered with the performance of official duties by assaulting the police officer’s face at two times, such as drinking away from the face of the saidJ, and drinking away from the police officer of the Seoul Seocho Police Station I police box who called to the scene after receiving 112 report, thereby obstructing the police officer’s legitimate performance of duties concerning handling reports 112.

2. In order to prevent the police officers dispatched at the above time, at the above time, and at the above place, from committing a defect in arresting the Defendant’s friendship A as a suspicion of obstruction of performance of official duties, etc., the Defendant took a bath to the police officers assigned to the Seoul Seocho Police Station I police box, and obstructed the police officers’ legitimate execution of their duties concerning the arrest of flagrant offenders by snicking the K’s breath.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of each police protocol of statement to K, J, H, and F

1. Article 314(1) of the Criminal Act, Article 136(1) of the Criminal Act, Article 136(1) of the Criminal Act, and Article 136(1) of the choice of each fine for the defendant B: Article 136(1) of the Criminal Act, Article 136(1) of the Criminal Act, the selection of fines

1. The former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act among concurrent crimes (Defendant A);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Although the Defendants’ criminal liability for the sentencing of Article 334(1) of the Criminal Procedure Act, the Defendants’ confessioned the crime.

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