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(영문) 서울중앙지방법원 2018.02.01 2017고단8279
업무방해등
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On September 10, 2017, the Defendant, in collusion with the husband B, obstructed the victim’s restaurant business by force, by failing to pay the remainder after drinking the above B and drinking, after drinking only a part of the food cost, and by failing to pay the remainder, in collusion with the husband B from around 18:10 on September 10, 2017 to 18:40 on the same day, the Defendant obstructed the victim’s restaurant business by force.

2. The Defendant interfered with the performance of official duties, at the above date, at the above place, and at the above time, and at the police box of Seoul Gwanak Police Station F police box, dispatched after receiving a report 112, arrested the Defendant as a current offender of the crime of interference with his duties. The Defendant obstructed the police officer’s legitimate performance of duties concerning the handling of reports by the police officer with the face of the above G one time in drinking, and obstructed the Defendant’s face at one hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of protocol concerning the examination of suspect B of the police; and

1. Statement of the police statement related to G;

1. Written statements of D;

1. Photographss and receipts of damage;

1. Application of Acts and subordinate statutes to each investigation report (victim D telephone conversations, G telephone hearing report, and hearing report on telephone statements related to the circumstances in which an offender was arrested as the current offender);

1. Relevant Article 314(1), Articles 30, and 136(1) of the Criminal Act concerning the crime, the choice of punishment, and the selection of fines;

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 sentencing of Article 334(1) of the Criminal Procedure Act, based on the following circumstances: (a) the Defendant’s recognition of the crime and reflects the fact that it appears to result in the instant crime; (b) the degree of tangible power or exercising power, obstruction of duties and obstruction of performance of official duties, is relatively minor; (c) the Defendant has no record of committing a crime; and (d) other circumstances, such as the Defendant’s age, sexual conduct, environment, family relationship, motive and consequence of the crime, circumstances after the crime, etc., and the sentencing conditions specified in the instant argument, are considered.

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