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(영문) 서울남부지방법원 2019.09.18 2019고단2771
업무방해
Text

Defendant

A shall be punished by a fine of KRW 1,000,00 and by a fine of KRW 2,50,000, respectively.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. On May 12, 2019, Defendant A: (a) around 19:40 on May 12, 2019, at the “E” restaurant operated by the victim D located in Yeongdeungpo-gu Seoul Metropolitan Government, Defendant C, the victim had a large drinking value, such as the Defendant’s husband B, and expressed the victim’s desire to “Chose”, and the victim reported 112 and recommended the police officers dispatched to the scene to explain the situation and leave the scene; (b) the Defendant continued to interfere with the victim’s operation of the said restaurant by force for approximately twenty minutes, including the Defendant’s husband B.

2. Defendant B committed assault, such as: (a) the Defendant, at the same time and place as the above “1”, who was dispatched to the scene after receiving a report at 112, to arrest the Defendant’s wife A as a flagrant offender under suspicion of interference with business for the same reason as the Defendant’s wife A on the same ground as the Defendant’s wife A; (b) and (c) the Defendant, on the ground that he prevented the Defendant from arresting him; and (d) the Defendant, on the ground that he was pushed down, fluently pushedly pushed down, making the b

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the control of crimes and maintenance of order.

Summary of Evidence

1. Defendants’ legal statement

1. Each police interrogation protocol against the Defendants

1. Protocol of the police statement concerning G;

1. Written statements of D;

1. Defendant A who is subject to the provisions of the H Assault and video CD-related Acts and subordinate statutes: Article 314(1) of the Criminal Act (a) and Article 314(1) (a) of the Criminal Act; Defendant B selected as a fine: Article 136(1) of the Criminal Act; the selection of fines

1. Defendants in the custody of a workhouse: Articles 70(1) and 69(2) of the Criminal Act

1. Defendants of the provisional payment order: The grounds for sentencing under Article 334(1) of the Criminal Procedure Act [Defendant A] are not easy to commit the instant crime, but is not easy to commit. However, the Defendant’s mistake is recognized and depth.

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