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(영문) 서울서부지방법원 2018.02.09 2017고단3775
업무방해등
Text

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

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

1. On November 9, 2017, at around 07:42, the Defendant damaged the property by fasting the 15,000 won of the market value, which is the victim’s possession of the restaurant table, on the floor at the “D’ restaurant operated by the victim C” operated by Yongsan-gu Seoul Metropolitan Government.

2. The Defendant was unable to avoid disturbance for about one hour, such as taking the victim’s bath at the same time and place as described in the foregoing paragraph (1), taking sound, making customers who were in a restaurant at the same time and place.

Accordingly, the Defendant interfered with the victim's operation of the restaurant by force.

3. On November 9, 2017, around 07:45, the Defendant obstructed the performance of official duties, at the same place as indicated in the foregoing paragraph 1, and confirmed the details of the report by the slope F belonging to the E District of Seoul Yongsan Police Station E District, which was dispatched after receiving 112 reports, and assaulted by the Defendant, such as taking a bath to the said F, taking a sexual part of his/her hand once.

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. Statement made by the police with regard to F;

1. Application of C’s written laws and regulations

1. Relevant legal provisions of the Criminal Act and Articles 314(1) (the point of interference with business), 136(1) (the point of interference with the performance of public duties) and 366 of the Criminal Act concerning the facts constituting an offense;

1. Selection of each alternative fine for punishment (the degree of damage is relatively minor, and the damage to property is compensated and the damage is not excess of the fine, etc. shall be considered);

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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