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(영문) 창원지방법원 2018.03.28 2018고단191
업무방해등
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On January 12, 2018, from around 02:30 to 03:00 of the same day, the Defendant obstructed the victim’s business by force by failing to enter the victim’s business by preventing customers from entering the card terminal at approximately 30 minutes, including the victim D (n, 61 years of age). In front of the Eel Information Center operated by the Defendant, the Defendant left the room first, on the ground that the name-in-fact female, who was accommodated with the former Defendant, was first abandoned in the room.

2. On January 12, 2018, the Defendant interfered with the performance of official duties at the place indicated in paragraph 1 of around 03:00, and the Defendant called for after receiving a report that the Defendant was frighting, the Defendant: (a) prevented the Defendant; (b) asked the Defendant on the circumstances of the case; and (c) was asked by the Defendant on the background of the case; and (d) was frightened by the Defendant, the Defendant was frighten; and (c) was frighten; and (d) was frightened upon receiving money from the Mael.

The victim's face was one time with a lush floor among the lushsing the victim's drinking once again, such as "I am" and "I am."

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the control of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or G;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling List;

1. Relevant Article 314 (1) of the Criminal Act and Article 314 (1) of the Criminal Act (the point of obstructing the performance of official duties, the selection of fines), and Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties and the selection of fines) concerning the crime

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment, is a mother and child who interferes with the business of a good ordinary people by avoiding disturbance from the telecom with the alcohol.

12. To perform legitimate official duties by assaulting a police officer dispatched after receiving a report.

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