Defendant shall be punished by a fine of KRW 3,000,000.

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

Punishment of the crime

1. 업무방해 피고인은 2014. 12. 21. 01:40경 서울 용산구 C에 있는 피해자 D이 근무하는 E호텔에서 돈을 내지 않고 방을 달라고 하는 것을 피해자가 거절하자 “씨발 새끼야 너 마음에 안들어, 너 한주먹에 죽일수 있어”라며 팜플렛을 집어 피해자의 얼굴에 던지고, 주먹으로 피해자의 머리를 1회 때리고, 손님들에게 “뻑킹”이라며 욕설을 하며 시비를 걸어 나가게 하는 등 위력으로 피해자의 호텔 운영업무를 방해하였다.

2. At around 02:30 on the same day, the Defendant interfered with the performance of official duties on the following grounds: (a) the police officer G of the Seoul Yongsan Police Station, who was called up after receiving a report of 112 that the customer was scambling at the hotel, prevented the Defendant; (b) the police officer of the Seoul Yongsan Police Station, who was called up at his house, interfered with legitimate execution of official duties on the handling of the police officer’s 112 report on the instant case, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Each police officer's statement about D and G;

1. Application of Acts and subordinate statutes governing the obstruction of performance of official duties;

1. Relevant Article 314(1) of the Criminal Act and Article 136(1) of the Criminal Act (the point of obstruction of performance of official duties and the choice of fines) concerning criminal facts;

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 is that the defendant has a depth of his mistake, that the defendant agreed with the victim D of the obstruction of business, that the defendant was the first offender without any previous conviction, and that the defendant is to choose a fine by taking into account all the circumstances of sentencing such as the defendant's age, character and conduct, family environment, and rules of employment of the defendant company, etc.