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(영문) 서울중앙지방법원 2017.08.31 2017고단4146
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 June 5, 2017, at around 01:20 on June 5, 2017, the Defendant interfered with his/her business, who was working and drinking at the “E” drinking house operated by the victim D in Gwanak-gu in Seoul Special Metropolitan City (Seoul Special Metropolitan City), followed the other customers by “a stoves such as Saturdays”.

“I would like to see that I would like to see that I would like to see, “I would like to see, I would like to see, in advance, I would like to see the will of the above guest.”

In doing so, the victim who continued to do so had the desire to “,” and the victim expressed the desire to “for the following reasons, governance ......”, and obstructed the victim’s restaurant business by force by putting the pedal plaque for about one hour, such as obsing sexual intercourse.

2. The Defendant interfered with the performance of official duties on June 5, 2017: (a) around 02:10, at the foregoing drinking house, was subject to a removal from G in the circumstances where he was called out after receiving a 112 report, from the F District of the Seoul Gwanak Police Station F District; and (b) the said G “ how much he was faced at this establishment;

Does it have been in bad faith;

(b) thrown away the title.

In doing so, “the victim’s flab with her hand and with her flab, etc., the victim obstructed the police officer’s legitimate execution of duties concerning the handling of reports and maintenance of order.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to G or D;

1. Each statement of G, D and H;

1. Application of each statute on photographs;

1. Relevant provisions of the Criminal Act, Article 314(1) of the Criminal Act (the point of obstructing the performance of official duties, the choice of fines), and Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties and the selection of fines) concerning criminal facts;

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. Article 334(1) of the Criminal Procedure Act does not relax the nature of the crime as indicated in the grounds for sentencing of Article 334(1) of the Criminal Procedure Act, and the method, contents, and circumstances of the crime obstructing the performance of official duties. However, even though there was a number of records that have been punished for violent crimes, it was not much much agreed with the victim obstructing the performance of official duties, and there was a number of records that have been punished for violent crimes.

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