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인천지방법원 2018.10.11 2018고단5681
업무방해등
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

1. On August 3, 2018, the Defendant: (a) placed an order for drinking on the second floor of “D” food operated by the victim C in the Southern-gu Incheon Metropolitan City, Incheon Metropolitan City, and placed an order for drinking on the second floor; (b) however, the Defendant may not provide drinking because the victim has not yet come to business hours.

The victim’s restaurant business interfered with the victim’s restaurant business by force, by putting about 90 minutes of a bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit

2. The Defendant interfered with the performance of official duties, at the time and place of the preceding paragraph, and at the same time and place of 112, obstructed police officers’ legitimate performance of duties regarding the duty of reporting 112, such as the defect that F, a police officer affiliated with the Incheon Southern East Police Station E box, would have tried to have the Defendant go home to take a breath in the influence of alcohol, and that F, a police officer with regard to the duty of reporting 112, such as assaulting at one hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. C’s statement;

1. Previous convictions in judgment: Application of a reply to inquiries, such as criminal history, text of judgment (Seoul Northern District Court 2017 High Court Order 2019 High Court Order 2017 High Court Order 1019), and Konet search statutes;

1. Relevant Article 314(1) of the Criminal Act, Article 316(1) of the Criminal Act (the point of interference with business), Article 136(1) of the Criminal Act (the point of interference with the performance of public duties), and the selection of fines for the crime;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the said Act (an aggravated punishment for concurrent crimes against a person who interferes with heavier business affairs);

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

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Scope of punishment: Imprisonment with prison labor for not less than 50,000 won but not more than 22,500,000 won;

2. The sentencing criteria shall not apply since the decision of sentencing was made: The defendant, who is a fine of eight million won, is still under the suspension of the execution of a sentence, but is not well aware of each of the crimes in this case.

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