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(영문) 수원지방법원 2015.08.10 2015고단1666
업무방해
Text

Defendant

A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 4,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

1. Defendant A around February 7, 2015, around 21:55, at the E cafeteria operated by the victim D(61 years of age) in Suwon-si, Suwon-si, Defendant A, while drinking alcohol with Defendant B, etc., Defendant A got a toilet and became a place outside the entrance under the influence of alcohol.

In order for customers who could not know their names at the same time to observe this, they observed it, and Defendant A interfered with the victim’s restaurant business by force by force, such as having the customers who were eating a disturbance, such as leaving the drinking water bottle at the drinking water drinking room at the entrance of the said place, leaving the drinking water bottle on the floor, etc.

2. Defendant B, Defendant B, on February 2, 2015

7. At around 22:30, at the top of the above E cafeteria, Defendant A, who was working, was reported and sent a disturbance as above, obstructed the police officer’s legitimate execution of duties concerning notification processing and arrest of flagrant offenders by assaulting Defendant A, who arrested Defendant A as a flagrant offender for the suspicion of interference with his duties. The police officer’s 112 report processing and arrest of F District of the Suwon Police Station, who prevented Defendant A from driving ahead of the patrol vehicle and preventing him from driving ahead of the patrol vehicle.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police officer's statement about D and G;

1. On-site photographs of obstruction of business;

1. Video CDs for the obstruction of performance of official duties;

1. Application of Acts and subordinate statutes on photographs showing obstruction of performance of official duties;

1. Relevant legal provisions pertaining to criminal facts A: Defendant B of Article 314(1) of the Criminal Act: Article 136(1) of the Criminal Act;

1. Defendants who choose the punishment: Determination of each fine (including reflectiveness, criminal record, relationship of criminal record, degree of obstruction of performance of duties, degree of obstruction of performance of official duties, and absence of tolerance from the victims);

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order:

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