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(영문) 서울동부지방법원 2020.05.13 2019고단3990
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. On October 21, 2019, the Defendant: (a) around October 21, 2019, at the main point of “D” operated by the Victim C in Gangdong-gu Seoul Metropolitan Government, the Defendant, without any justifiable reason, put the victim a horse and bath to the victim while drinking mixed alcoholic beverages; and (b) continuously imprising his/her employees with a large amount of interest, caused other customers to feel uneasiness to go at the main point.

Accordingly, the Defendant interfered with the victim's operation of the restaurant by force.

2. The Defendant, at the same time and place of the obstruction of performance of official duties, expressed that he was asked to check the victim’s 112 report and received the victim’s 112 report from F of the Seoul Gangseo Police Station Emba, who was dispatched to the scene, and the police officer G of the Seoul Gangseo Police Station, and the above G, “I am kb and you will not be subject to tax calculation by means of tax calculation.” The Defendant failed to comply with the police officer’s demand for evacuation and continued disturbance.

Accordingly, F et al. al. expressed the defect resistance that F et al. would lead the Defendant’s arms out of the main point, and expressed that “I will not live in the police, I will see am laz, Chewing gue, I will not live in the police.” After being towed out of the main point, F et al. al. al., she left the F head one time by getting F et al. of the Defendant’s arms reported.

As a result, the defendant assaulted police officers, thereby obstructing the receipt and handling of 112 reports and the execution of legitimate duties on the maintenance of public order.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness F;

1. The police statement concerning F;

1. Application of C’s written laws and regulations

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. Article 334(1) of the Criminal Procedure Act provides that a provisional payment order shall be issued.

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