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(영문) 수원지방법원 성남지원 2018.10.12 2018고단1651
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 June 30, 2018, the Defendant, at around 22:50 on June 30, 2018, was trying to have a mountain, while drunkly under the influence of alcohol after drinking two alcohols in D restaurants operated by the victim C in Sung-gu, Young-gu, Sungnam-gu, Seoul. However, the Defendant tried to have a mountain, while drinking, but, from other customers, the Defendant’s “drawing.”

“A” had interfered with the victim’s restaurant operation work by force for about 30 minutes, such as gathering a stove with a stove, drawing a stove with a stove, drawing a stove with a stove, etc.

2. The Defendant who interfered with the performance of official duties was arrested by a flagrant offender who interfered with the duty from a police officer F, a patrol officer G, etc. belonging to the E earth, who was called out after being reported 112 as the date and time, at the place specified in paragraph 1, and at the same time and place, and was traveling along the patrol lane.

개새끼들 아 억울하다’ 등으로 욕설을 하고, 경찰관 G의 얼굴에 침을 1회 뱉고 경찰관 F의 가슴 부위를 손으로 밀치고 왼쪽 정강이 부위를 발로 걷어찼다.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the handling of 112 reported duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. C’s statement;

1. Application of CCTV Acts and subordinate statutes;

1. Article 314(1) of the Criminal Act applicable to the facts constituting an offense (the point of interference with business) and Article 136(1) of the Criminal Act (the point of interference with the performance of public duties);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each alternative fine for punishment;

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. Detention in a workhouse (when a sentence of suspension of execution is invalidated or revoked, and a fine is not paid) under Articles 70 (1) and 69 (2) (one hundred thousand won a day) of the Criminal Act;

1. The reasons for sentencing under Article 62(1)(i) of the Criminal Act (i.e., the following favorable circumstances) are primary offenders who have no record of punishment as university students; (ii) the confession of each of the crimes of this case and the attitude of reflecting each of the crimes are shown; and (iii) the agreement is reached with the victim of interference with business affairs.

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