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(영문) 의정부지방법원 2015.06.18 2015고정1001
업무방해등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

Where a defendant fails to pay a fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. On July 9, 2013, from 02:00 to 02:41 on the same day, the Defendant: (a) expressed that “D” operated by the injured party C, having been drinking alcohol, would bring about any disturbance without any reason; and (b) made it impossible for the Defendant to enter the relevant main points by avoiding disturbance, and making it impossible for customers who had been drinking alcohol to enter.

Accordingly, the defendant interfered with the business of women's bar business by force.

2. The Defendant engaged in obstruction of performance of official duties: (a) assaulted the police officer, who was a police officer of the Shincheon Police Station E (a police box) who was dispatched after receiving a report from the above C at the time and place specified in the above Paragraph (1) of the same Article, to arrest the Defendant as a flagrant offender interfering with the foregoing duties; and (b) assaulted the G’s chest part on one occasion by spreading the arms of the defective F, who was a police officer

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the arrest of flagrant offenders.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to C and G

1. Article 314 (1) of the Criminal Act and Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

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