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(영문) 서울서부지방법원 2018.02.21 2017고단3960
업무방해등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On November 26, 2017, at around 01:50 on November 26, 2017, the Defendant was unable to avoid disturbance for about 30 minutes, such as under the influence of alcohol at the G convenience store where the victim F in Eunpyeong-gu Seoul Metropolitan Government is working, breading the victim, showing the receipt, and demanding the calculation of the person in charge.

Accordingly, the Defendant interfered with the victim's convenience store operation by force.

2. Interference with performing public duties;

A. On November 26, 2017, at around 02:20, the Defendant reported 112 at the place specified in paragraph 1, and was dispatched to Seoul, the Defendant committed assault, such as: (a) who was solicited by the superintendent of the police station H box affiliated with Pyeongtaek-gu Police Station I to return home; and (b) who was able to take the arms of the said I once by hand; and (c) booming the bat and sprinking the bat.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning 112 reporting handling duties.

B. On November 26, 2017, at around 02:35, the Defendant: (a) arrested and taken custody of a flagrant offender at the Eunpyeong-gu Seoul Police Station H police box; (b) attempted to go out of the above police box; and (c) committed assault by the Defendant, who was under control by the above I, was subject to three times the face face of the above I.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the arrest of police officers in flagrant offenders and the management of new soldiers.

Summary of Evidence

1. Statement by the defendant in court;

1. Some statements made against the defendant during the police interrogation protocol;

1. Each police statement made to I and F;

1. Application of CCTV-cape photograph Acts and subordinate statutes;

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

1. Selection of each alternative fine for punishment (to reflect extenuating circumstances, such as the fact that his/her mistake is against the truth, that there is an agreement with the victim of the obstruction of business, that the police officer who caused the harm does not want the punishment of the defendant by his/her negligence, and that the police officer is the first offender

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

1. The Criminal Procedure Act of the Provisional Payment Order.

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