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(영문) 수원지방법원 2019.11.27 2019고단5421
업무방해등
Text

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

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

Reasons

Punishment of the crime

1. On August 29, 2019, at around 12:30 on August 29, 2019, the Defendant obstructed the operation of the restaurant by force for about 25 minutes in the manner of: (a) the Defendant: (b) expressed that the Defendant, who was demanded the payment of the purchase price of the victim for an additional order issued by the Defendant’s employees D (neither 48 years of age, would be why she would have gotten out; (c) she would have frighten the victim’s shoulder with drinking; and (d) interfered with the Defendant’s operation of the restaurant by force for about 25 minutes by taking advantage of the victim’s desire to have frighten the victim’s shoulder when she takes a large voice in the restaurant; and (e) the Defendant frighted the disturbance and takes a bath to other customers.

2. On August 29, 2019, the Defendant assaulted the Defendant, at the same place as indicated in the preceding paragraph, on August 12:53, 2019, that he was urged by the police officer F, who was a police officer belonging to the Suwon East Police Station E District E District of the Suwon Police Station, to leave the said restaurant and return home, and was urged by the said F to take a bath for the said restaurant, and used the said F to turn back twice with the left hand.

Accordingly, the Defendant interfered with the legitimate performance of official duties by police officers on the prevention, suppression, and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. D's written statement;

1. Investigation report (on-site investigation and CCTV investigation);

1. Application of Acts and subordinate statutes to a field and a fymp image photograph;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentencing conditions indicated in the records, such as the defendant's age, occupation, character and conduct, family relationship, and circumstances before and after the crime, under Article 334(1) of the Criminal Procedure Act, of the provisional payment order, shall be determined as ordered by taking into account the following circumstances:

An offense of obstruction of performance of official duties is justified.

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