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(영문) 서울중앙지방법원 2013.07.11 2013고정1496
업무방해등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. Around 02:40 on December 15, 2012, the Defendant interfered with business: (a) ordered the victim E, who is a vice-place in Gangnam-gu Seoul, to use a hamber, which was ordered by another customer, to put the hamber on the floor of the business place; (b) attempted to put the hamber, which was ordered by another customer, in hand, to knife the hamber, and to knife the calculating unit monitor by hand; and (c) obstructed the victim’s business management by force by avoiding disturbance for about 20 minutes.

2. The Defendant continued to take a bath at the time, place, and the place of the obstruction of performance of official duties under paragraph (1), after receiving the said report, from the slope G belonging to the Seoul Western Police Station, and was arrested as a flagrant offender with interference with the performance of duties and on the part of the patrol vehicle, the Defendant obstructed the right shoulder part of the said G with the handlight at two times in the course of carrying the patrol vehicle.

Accordingly, the defendant committed violence to the above G while carrying out legitimate duties concerning 112 patrols.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and G;

1. Each written statement of E and H prepared;

1. Application of statutes on site photographs;

1. Relevant provisions of the Criminal Act and Articles 314 (1) and 136 (1) of the Criminal Act concerning the choice of punishment;

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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