logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.06.14 2017고단9136
업무방해등
Text

A defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding five hundred thousand won.

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

1. On November 2, 2017, at around 17:25, the Defendant obstructed the operation of the victim’s restaurant by force for about 5 minutes, such as drinking alcohol at the restaurant in Jung-gu Seoul Special Metropolitan City (the age of 54) and drinking alcohol at the restaurant, and having other customers take a large interest without any reason while drinking alcohol at the restaurant. The Defendant interfered with the operation of the victim’s restaurant by force for about 5 minutes.

2. On November 2, 2017, the Defendant interfered with the performance of official duties, at around 17:40 on the roads near the above restaurant, and upon receiving a report from 112, the F, a security guard belonging to the Seoul Central Police Station E District of Seoul Central Police Station, who was demanded the said F to produce an identification card, expressed a bath to the said F, and obstructed the police officer’s legitimate performance of official duties in relation to the prevention, suppression, and investigation of the said F’s chest at once.

3. Around November 2, 2017, the Defendant violated the Punishment of Minor Offenses Act: (a) 17:50 on November 2, 2017, at the police station E District in Jung-gu Seoul, Jung-gu, Seoul, the Seoul Central Police Station E District; (b) and (c) under the influence of alcohol, expressed complaints about the arrest of flagrant offenders due to interference with the performance of official duties, and expressed them to a large amount of voice at the place of the police station; (c) and (d) and (d) sc

Summary of Evidence

1. Facts charged by the defendant;

1.3. A statutory statement to the effect that paragraph is recognized.

1. Legal statement of the witness H and F;

1. 112 A list of reported cases;

1. An investigation report (on-site investigation interfering with duties);

1. Investigation reports (Chograph readings Obstruction to Duties);

1. A criminal investigation report (to read video materials which interfere with the performance of official duties);

1. A criminal investigation report (a video data reading in order to cancel the main text of an official document);

1. Application of the CDA-1 statute

1. Article 314 (1) of the Criminal Act (the point of interference with business, the choice of imprisonment), Article 136 (1) of the Criminal Act (the point of failing to perform official duties, the choice of imprisonment), Article 3 (3) 1 of the Punishment of Minor Offenses Act (the choice of penalty) concerning the crime;

1. Article 37 (former part), Article 38 (1) 2 and 3, and Article 50 of the Criminal Act to increase concurrent crimes;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The order of provisional payment;

arrow