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(영문) 대전지방법원 2015.05.07 2014고정1964
업무방해등
Text

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

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

Reasons

Punishment of the crime

1. At around 02:00 on September 27, 2013, the Defendant, along with C, expressed alcohol to the “F” entertainment tavern operated by the victim E in Seo-gu Daejeon, Seo-gu, Daejeon, and prevented customers from entering the main place by drinking a disturbance for about 2 hours and 30 minutes, such as demanding C to take a large voice with the victim, “F will not have any drinking value,” on the ground that his/her employees were infinitely expressed in the process of calculating the drinking value, and demanding C to cancel the card approval.

As above, the Defendant conspiredd with C to interfere with the victim’s bar business by force.

2. On September 27, 2013, at around 04:35, the Defendant was arrested from the slope G belonging to the Daejeon Police Station, which was called upon receiving the report of 112, as a flagrant offender in obstruction of performance of official duties, at the place indicated in paragraph (1) at around 04:35, and the Defendant was arrested as a flagrant offender in obstruction of official duties, and the Defendant she was strokeed with her hand.

As above, the Defendant interfered with the maintenance of police officers’ order and the legitimate execution of duties concerning the arrest of flagrant offenders.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to E and G;

1. Relevant provisions of the Criminal Act and Articles 314 (1) and 30 of the Criminal Act, the choice of punishment for the crime, and Article 136 (1) of the Criminal Act;

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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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