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(영문) 의정부지방법원 고양지원 2020.02.06 2019고단3345
업무방해등
Text

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

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

Reasons

Punishment of the crime

1. Around 03:00 on November 16, 2019, the Defendant interfered with the business of the victim C’s drinking room operated by the victim C on the second floor B of Yongsan-gu, Yongsan-gu, Yongsan-gu, Manyang-si, in order to avoid disturbance, and interfere with the operation of the victim’s drinking house by force for about 30 minutes by avoiding disturbance, such as drinking and drinking alcohol, drinking alcohol, or destroying the booming on the other table.

2. On November 16, 2019, the Defendant: (a) around 04:00 on the first floor of the building E, and (b) on the part of the disturbance, such as paragraph (1), when G (31) who belongs to the F District Unit of the Yongsan-dong Police Station F District (31 years of age) called the Defendant under the influence of alcohol brea the Defendant; (c) the Defendant was at the time of the victim’s left face by drinking.

Accordingly, the defendant interfered with the legitimate execution of police officers' duties concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Each statement of C and H;

1. A report on investigation (CCTV investigation) and a report on investigation (building 1 CCTV);

1. Application of CCTV image CD-related Acts and subordinate statutes;

1. Relevant Article 314(1) of the Criminal Act, Article 136(1) of the Criminal Act, and the choice of each fine for the crime;

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. In order to establish the legal order and order of the country with reason for sentencing of Article 334(1) of the Criminal Procedure Act and eradicate the light of public authority, it is necessary to strictize the crimes of obstruction of performance of official duties.

The degree of interference with business and the degree of violence against damaged police officers is not easy.

However, the defendant is in profoundly against his wrongness.

It was agreed with the victim of interference with business and accordingly.

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