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(영문) 서울중앙지방법원 2017.11.06 2017고단6863
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 13, 2017, the Defendant: (a) around 09:15 on September 13, 2017, the Defendant: (b) had the victim C (at the age of 54) located in Gwanak-gu, Seoul Special Metropolitan City (at the age of 54) enter the D cafeteria and drink with drinking alcohol and drinking alcohol without any reason; (c) had the customers, who provided meals within the restaurant, go out of the place where they were unable to provide meals; and (d) had other employees, including the victim, continue to stop against the Defendant, and had other employees, including the victim go back to the said place of drinking and drinking alcohol for about two hours.

Accordingly, the defendant interfered with the victim's restaurant business by force.

2. On September 13, 2017, at around 11:50, the Defendant obstructed the performance of official duties, the Defendant was arrested of police officers belonging to the Seoul Western Police Station E District, who called to the site after receiving a report of 112 that the Defendant interfered with restaurant business as described in the foregoing paragraph (1) and sent to the site as a flagrant offender of the crime of interference with business affairs, and was led to the Seoul Gwanak Police Station E zone located in Gwanak-gu, Seoul Special Metropolitan City.

around that time, the Defendant: (a) committed a assault, such as the defect in which the police officers were rootsd and attempted to flee; (b) the police officers were to absconded to the Edistrict of the Seoul Western Police Station E District to prevent the Defendant’s escape; and (c) on the contrary, the Defendant committed an assault against the said G, such as breaking the course to the Defendant; and (d) breaking the right hand hand hand of G.

Accordingly, the defendant interfered with the legitimate execution of duties of police officials in relation to reporting processing and arrest of flagrant offenders.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A damaged photograph;

1. A written statement;

1. Application of Acts and subordinate statutes to report on investigation (Submission of diagnosis certificates by victim 2);

1. Article 314 (1) and Article 136 (1) of the Criminal Act (the point of interference with the performance of official duties) concerning facts constituting an offense;

1. Selection of each selective fine for punishment (the following factors, etc. favorable to the reasons for sentencing shall be considered):

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;

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