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(영문) 인천지방법원 2019.09.25 2019고단2570
업무방해등
Text

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

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

Reasons

Punishment of the crime

1. On February 25, 2019, the Defendant interfered with business: (a) around 22:15, the Seo-gu Incheon Metropolitan City, Seo-gu building B and the first floor “C” main points; (b) under the influence of alcohol to customers who were seated on the side tables, they cannot pay a drinking value to the victim D, who is the operator of the main points; and (c) on the part of the Defendant 10 minutes per hour and 10 minutes per hour.

Accordingly, the defendant interfered with the victim's main role operation.

2. On February 25, 2019, around 23:00, the Defendant reported at the Seo-gu Incheon Metropolitan City, Seo-gu building B, and the first floor “C” main point, and reported at 112, that there was a guest who does not take care of, and demanded him to return home from the slope F belonging to the Incheon Western Police Station E zone of the Incheon Western Police Station E zone, and reported at one time the chest of the above F.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning the handling of reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each police protocol of statement to F and D;

1. Relevant Article 314(1) of the Criminal Act and Article 136(1) of the Criminal Act (the point of obstruction of performance of official duties and the choice of fines) concerning criminal facts;

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act, which prevents the operation of the main office by drinking alcohol to other customers and opening the table table, and assaulting the police officers dispatched, etc., which are disadvantageous factors such as the fact that the nature of the crime is not good, the defendant's mistake is against himself, there is no history of criminal punishment for the same crime, and the victim of the crime of obstruction of performance of official duties agreed with the victim of the crime of obstruction of business, and other favorable factors such as the defendant's age, character, character, environment, family relationship, and crime.

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