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(영문) 부산지방법원 서부지원 2018.05.02 2017고단1614
업무방해등
Text

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

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

Reasons

Punishment of the crime

1. On September 5, 2017, at around 00:05, the Defendant: (a) expressed that he/she was demanded to calculate the goods purchased from the injured party D at the convenience store located in Busan Shodong-gu, Busan at around 00:05, the Defendant was unable to avoid disturbance for about 15 minutes, such as her desire to read “this Chewing year”, and her hand fall into the floor by destroying it over the coffee advertising board set on his/her hand.

Accordingly, the Defendant interfered with the convenience store business of the victim by force.

2. The Defendant interfered with the performance of official duties at the above E convenience store at the time of the above day, stating that G was the Defendant after calculating the Defendant at the seat of the F District of the Busan National Police Station F District G of the Busan National Police Station, and said G was the Defendant, and said G was sprinked and sprinked with the Defendant’s hand who saw the above G’s seat out of the convenience store.

Accordingly, the defendant interfered with legitimate execution of duties concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D, G, and H;

1. Application of Acts and subordinate statutes on video CDs inside convenience stores;

1. Relevant Article 314(1) of the Criminal Act, Article 316(1) of the Criminal Act (the point of interference with business), Article 136(1) of the Criminal Act (the point of interference with the performance of public duties), and the selection of fines for the crime;

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 crime of this case for the reason of sentencing under Article 334 (1) of the Criminal Procedure Act is committed not only by the defendant obstructing the convenience store business of the victim, but also by assaulting the police officer performing official duties by taking clothes, the nature of the crime is not good, the defendant has a record of punishment due to violent crimes, and the defendant's perception of the crime of this case, and the defendant has a deep depth, and the defendant has a past 10 years' depth is divided.

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