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(영문) 서울서부지방법원 2018.04.13 2018고단80
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 December 29, 2017, the Defendant: (a) around 18:50 on December 29, 2017, the Defendant was able to avoid disturbance for about 20 minutes on the ground that, while under the influence of alcohol on the front of “D” operated by the victim C in Eunpyeong-gu Seoul, it was difficult for the Defendant to take a vision on the ground that there was no meat, and that there was no meat for several months; and (b) the customers visiting the said store, who visited the said store while taking a bath to the said C, did so.

Accordingly, the defendant interfered with the operation of the victim's store by force.

2. The Defendant interfered with the performance of official duties at the same time and place as indicated in the above paragraph 1, and at the same time and place as indicated in the above paragraph 1, the Seoul sent out after receiving 112 reports that “the person under the influence of alcohol fescence” was required by the assistant F of the Pyeongtaek Police Station E box to verify his identity, and the above F f takes a bath while carrying an identification card, and assaulted the chest by hand.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning 112 reporting handling duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of laws and regulations on police statements made to C and F;

1. Relevant Article 314(1) of the Criminal Act, Article 316(1) of the Criminal Act (the point of interference with business), Article 136(1) of the Criminal Act (the point of interference with the performance of public duties), and the selection of fines for the crime;

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 grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment are as follows: (a) the confession and reflection of the defendant; (b) the victim of the obstruction of business does not want the punishment of the defendant; and (c) the circumstances leading to the crime; and (d) the circumstances after the crime.

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