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(영문) 대전지방법원 2015.06.24 2015고정143
업무방해등
Text

1. Defendant shall be punished by a fine of KRW 1,500,000;

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

Reasons

Punishment of the crime

1. On October 26, 2014, from around 03:00 to around 04:10, the Defendant: (a) was dissatisfied with the violation of the Punishment of Minor Offenses Act (including 2 cases of tobacco butts, spits, spits, 2 cases) in front of the D restaurant located in Seo-gu Daejeon, Seo-gu, Daejeon; (b) was issued four penalty payment notices; (c) spits in the F District located in Seo-gu, Daejeon, Seo-gu, Daejeon, under the influence of alcohol; and (d) spits in front of the said district; and (d) laid down a penalty payment notice on the floor, stating that “4 or cut-off laws exist; and (d) spits in the vicinity of the said district.”

2. The Defendant was demanded to return to him five times from G in the circumstances of the victims of the team leader belonging to the FJE by engaging in an act of disturbance at the same time and place as the above “paragraph 1”.

However, the defendant does not respond to the request, "I will go to go to the police station. I will send it to the police station," and without a justifiable reason, I will leave the victim G.

The Gu refused to comply with the Gu.

Summary of Evidence

1. The defendant's partial statement in the court (the defendant was residing in the district zone where the police was shot at a long time, but did not reach the level that constitutes an element of a crime of violating the Punishment of Minor Offenses Act due to the disturbance in the state of revocation by the government office. However, even according to the defendant's statement, even according to the defendant's statement, several soldiers were in a considerable state at the time, and the police were mixed with the desire theory, such as "scam", and repeatedly repeatedly, it is deemed that the defendant's statement appears that he/she, while under the influence of alcohol, led to a very rough and disorderly speech or behavior at the government office."

1. Legal statement of witness G;

1. Application of Acts and subordinate statutes to the police statement concerning G;

1. Relevant provisions of the Criminal Act and Article 319 (2) of the Criminal Act that apply to the crime, the choice of punishment, Article 319 (2) of the Criminal Act, Article 3 (3) 1 of the Punishment of Minor Offenses Act and the selection of fines;

1. Of concurrent crimes, punishment under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act is added.

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