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(영문) 수원지방법원 성남지원 2019.09.03 2019고정331
업무방해등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

Some of the facts charged were corrected.

1. On November 17, 2018, at around 19:30 on November 17, 2018, the Defendant: (a) heard the phrase “D” restaurant operated by the victim C (year 63) in Gwangju City; (b) heard from the victim the victim the phrase “if he gets fright, he will only calculate and return to the same;” and (c) made the victim’s humf with a large voice, such as “this rings, Chewing flachis, cuts,” and interfered with the victim’s restaurant business by force by blocking the disturbance for about one hour.

2. At around November 17, 2018, at the above restaurant around 20:17, the Defendant, a police officer, and the victim E and F, a police officer called out upon receiving a report that the Defendant is provoking a disturbance, recommended the Defendant to pay money and return home to the Republic of Korea. However, among the victims of the victim’s hearing C and four customers, the Defendant sexually insultingd the victims by referring to “the victims of this Chewing gue, Nin, the police officer, Ninh, Ninh, son, sonh, sonh, sonh, sonn, etc.”

Summary of Evidence

1. Court statement of the defendant (the third court date);

1. Each police statement made to C, E, and F;

1. Application of statutes on site photographs;

1. Article 314 (1) of the Criminal Act and Article 311 of the Criminal Act concerning the facts constituting an offense;

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

1. Selection of each alternative fine for punishment;

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

1. Articles 70 (1) 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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