A fine of three million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Punishment of the crime

1. 업무 방해 피고인은 2016. 1. 27. 12:00 경 부산 해운대구 B에 있는 피해자 C 운영 ‘D’ 식당 내에서, 종업원인 E로부터 피고인이 취식한 음식 값의 지불을 요구 받자 이를 거절하면서 위 종업원을 때릴 듯이 위협하고 “ 기분이 꿀꿀 해 못 주겠다 ”라고 고함을 치는 등 행패를 부려 약 10 분간에 걸쳐 위력으로 피해자의 식당 영업 업무를 방해하였다.

2. At around 12:20 on the same day, the Defendant: (a) obstructed the performance of official duties by assaulting the police officer’s 112-day head at the above restaurant; (b) obstructed the police officer’s legitimate performance of duties regarding the handling of the reported case by the police officer on the 112-day 112 return, by assaulting the police officer’s 112-day head on the part of the Busan Coast Police Station G, the police officer G, and the police officer H, etc. belonging to the Busan Coast Guard; and (c) demanded the Defendant to present his identification card; (d) failing to comply with such demand without any justifiable reason, and without disclosing the identity of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each police statement protocol to C and H

1. Relevant Article 314 (1) of the Criminal Act and Article 314 (1) of the Criminal Act (the point of obstructing the performance of official duties, the selection of fines), and Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties and the selection of fines) concerning the crime

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Criminal Procedure for the order of provisional payment is that the crime of this case committed during the course of obstructing restaurant business by assaulting a police officer dispatched after receiving a report, and the crime is disadvantageous to the fact that the nature of the crime is not good.

However, it is advantageous to the fact that the defendant recognizes the facts charged and seriously reflects the facts charged, that violence used by the defendant is not much serious, and that the defendant has no criminal record for the same kind of offense.

(2).