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(영문) 부산지방법원 2013.11.13 2013고정4593
업무방해등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On June 19, 2013, from around 00:40 to around 01:20, the Defendant obstructed the victim’s drinking business by force by avoiding disturbance, such as “D’s drinking house managed by the victim C, which is located in the Busan East-gu, Busan, the Defendant’s drinking business.” While under the influence of alcohol, the Defendant’s drinking business was obstructed by force.

2. The Defendant, at the date, time, place, as mentioned in the above Paragraph 1 above, committed assault, such as: (a) who was demanded the Defendant to pay the drinking value and return home from the slopeF belonging to the Don Police Station E District of the same Police Station, which caused the disturbance as described in the above Paragraph 1; and (b) who was demanded the said F to pay for the drinking value and return home; and (c) he expressed the said F to the said F, “I will interfere with the drinking value as it is difficult for the police to do so; and (d) there is no mano and the police to do so; and (e) he expressed that the said F would interfere with the drinking value; and (e) he was frighting the shoulder part of the said F in hand; and (e) assaulted the shoulder part by hanging it.

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statements made to F and C;

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 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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