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(영문) 수원지방법원 2017.06.02 2017고단1283
업무방해등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. On February 28, 2017, the Defendant became a victim and Si expenses on the ground that the Defendant, within the “C” convenience store located in Suwon-si, Suwon-si, Suwon-si, Suwon-si, had set the card to be settled on the part of the victim D (n, 47 years of age) who is an employee, was set up on the part of this calculation unit.

The Defendant continued to stay in front of the convenience store in front of the convenience store, and taken the victim’s cell phone inside the victim’s cell phone, followed the victim who is out of the convenience store, and obstructed the victim’s convenience store business by force, such as threatening the victim by carrying 30 minutes away from the convenience store.

2. The Defendant interfered with the performance of official duties, upon receiving 112 reports to the effect that “the Defendant is disturbing a spawn,” at the same time and place as the above paragraph, sent out the Defendant to the police officer F of the police box affiliated with the Suwon-gu Police Station Embsculing Police Station, and Gman sought access to D, and the said police officer took a bath to read “the spawn” to the said police officer, and assaulted the chest F and Gman’s chest on ten occasions by hand.

As a result, the defendant interfered with the legitimate execution of duties of police officers in relation to 112 reporting management.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to D, F and G;

1. Application of statutes on site photographs;

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

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (where an act of assault or intimidation was committed against multiple public officials performing the same official duties, a crime of obstructing the performance of multiple official duties is established according to the number of public officials performing the official duties. The foregoing act of assault or intimidation was committed in the same opportunity at the same place, and if it is assessed as one act under the social concept, it constitutes a crime of obstructing multiple official duties.

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