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(영문) 수원지방법원 2018.01.11 2017고단7389
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 October 23, 2017, from around 13:50 on October 23, 2017 to around 15:15 of the same day, the Defendant: (a) at the “F” restaurant operated by the victim E on the victim E on the D1st floor in Suwon-si, Suwon-si; (b) at the time of drinking, the Defendant saw the stringer to the table by advertising the stringer; and (c) let the stringer go against the string, such as going to the string, leading the string, leading the other customers in the said restaurant.

Accordingly, the Defendant conspiredd with C to interfere with the victim's restaurant business by force.

2. The Defendant interfered with the performance of official duties at around October 23, 2017, at the same place as above and at the same time and at the same time.

“Around 112, a police officer belonging to G District of the Gyeonggi-gu Police Station G District, G District of the Gyeonggi-gu Police Station, who received a report on 112, asked the Defendant to restrain the Defendant and out of the scene of personal information, and assaulted H by asking H to see that “I Y, Ear, Ear, Ear, Ear, Ear, Ear, Ear, Ear, Ear, I kne, kne, kne, kne, etc.” while “I Y, Ear, Ear, Ear, Ear, I kne,” and committing assault, such as at least one time, when I kne’s head head.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. Statement made by the police with H;

1. E statements;

1. A report on investigation;

1. On-site photographs;

1. 112 A list of reported cases;

1. Application of Acts and subordinate statutes to photographs by cutting off on-site CCTVs;

1. Relevant legal provisions of the Criminal Act, Articles 314(1) and 30 of the Criminal Act, Article 136(1) (a) (a point of obstructing the performance of official duties) of the Criminal Act, and Article 136 of the Criminal Act, and the choice of fines for each 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. Circumstances that are disadvantageous to the sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”): The defendant's restaurant business is operated in the state of being taken by the victim.

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