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(영문) 서울남부지방법원 2018.05.03 2018고단339
업무방해등
Text

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

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

1. On January 1, 2018, at around 20:45, the Defendant: (a) obstructed the victim’s interest and clothing sales business by force; (b) obstructed the victim’s interest and clothing sales business by force, by putting the spacker, which was in the said spacker, from a mutual display of “D” operated by the victim C, in Guro-gu Seoul Metropolitan Government, on the ground that the spacker was under the influence of alcohol and is bad; and (c) leaving the spacker, which was in the said spacker, on the ground that the spacker is bad.

2. The Defendant obstructed the performance of official duties at the same time and place as set forth in paragraph (1) and committed assault, such as the defect in seeking to listen to the instant case’s slope F, a slope belonging to the Seoul Guro Police Station E District, which was called upon 112 report, and the f, breading the f’s ebbbb, and pushing ahead with it.

Accordingly, the defendant interfered with legitimate execution of duties concerning the handling of reported cases by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. C’s statement;

1. On-site dispatch reports;

1. Photographss and CCTV images by capturing CCTV images;

1. Application of Acts and subordinate statutes to police officers' photographs of uniforms used by police officers, uniforms taken by police officers, and protogram photographs of police officers;

1. Relevant Article 314(1) of the Criminal Act, Article 316(1) of the Criminal Act (the point of interference with business), Article 136(1) of the Criminal Act (the point of interference with the performance of public duties), and the selection of fines for the crime;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (the punishment imposed on a person who interferes with heavier business) shall be aggravated for concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act are as follows: (a) the motive and content of each crime; (b) the degree of interference with business and performance of duties; (c) the circumstances after the crime; and (d) the circumstances after the crime; and (d) the accused’s age, sex behavior, environment, etc.

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