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(영문) 수원지방법원 2018.12.12 2018고단4855
업무방해등
Text

1. Defendant shall be punished by a fine of 5,000,000 won;

2. If the defendant does not pay the above fine, 50 days.

Reasons

Punishment of the crime

1. On August 6, 2018, from around 19:30 on August 6, 2018 to 21:00 on the same day, the Defendant obstructed the victim’s restaurant business by force by allowing the victim D, the main owner of which is under drinking in Suwon-si B, to engage in a breathous manner, and by preventing customers from entering the restaurant by avoiding disturbance, such as spiting spits, etc. on the floor, from entering the restaurant.

2. On August 6, 2018, at the same place as before and after having received a report of 112 on August 6, 2018 at the same time, the Defendant publicly insultingd the victim by publicly insulting the victim by putting the victim’s hand out while there is D, the principal restaurant operator of the above restaurant, and G, who is an employee, among the police officers belonging to the police officer of the Suwon Police Station E District, who is the police officer of the Suwon Police Station, in receipt of a report from the victim F, who is the police officer of the above restaurant, and who is his employee.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

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

1. A president of the F;

1. Application of Acts and subordinate statutes to photographs (a form of abusiveing a police officer);

1. Relevant Article 314(1) of the Criminal Act, Article 311 of the Criminal Act, Article 311 of the Criminal Act, and the selection of fines for a crime;

1. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment for concurrent crimes within the extent that the aggregate of the maximum amount of two crimes committed by a person interfering with heavier business affairs, shall be aggravated);

1. The reason for sentencing of Articles 70(1) and 69(2)(1) of the Criminal Act (the day of 100,000 won per day) is [the scope of the applicable sentence] 17 million won or less (the decision of sentencing] as follows, and other conditions of sentencing indicated in the records, such as the defendant’s age, sex, environment, motive and circumstance of the crime, etc., were considered in light of the following circumstances and other circumstances.

An unfavorable circumstance: A suspended sentence is a fact that there has been several records of punishment for a crime of the same kind, and a crime of obstructing the execution of official duties.

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