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(영문) 서울동부지방법원 2016.01.13 2015고단3604
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 November 13, 2015, from around 01:00 to around 01:22 of the same day, the Defendant obstructed the Defendant’s business, at the main point of “D” operated by the victim C in Songpa-gu Seoul, Songpa-gu, Seoul, with the victim C’s 1st floor, was unable to avoid disturbance, such as humping his/her finger and sound to his/her employees and other customers under the influence of alcohol.

Accordingly, the Defendant interfered with the victim's main business by force.

2. The Defendant interfered with the performance of official duties, on the grounds that he was required to return home from F of the police box belonging to the Seoul Songdong Police Station E (Seoul) and G after receiving a report on the date, time, place, and the main point of the week that the Defendant 12 reported that he would escape from the disturbance, and that he got out of drinking, as stated in paragraph 1, the Defendant called “F arm’s hand knb knb knb knb knb,” and called “F knb knb knb knb knb knb knb knb and knb knb knb knbs

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the handling of 112 reports.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement with respect to C and F;

1. Application of the G’s written Acts and subordinate statutes;

1. Article 314(1) of the Criminal Act applicable to the facts constituting an offense (the point of interference with business) and Article 136(1) of the Criminal Act (the point of interference with the performance of public duties);

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (limited to cases where a person interferes with the execution of each official duty);

1. Selection of an alternative fine for punishment;

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is the primary offense of the Defendant, and the Defendant is deeply repenting of the error. The Defendant does not want the punishment of the victim by mutual consent with the victim, and the degree of assault against the police officers is weak. In addition, the Defendant’s age, environment, and circumstances leading to the commission of the crime should be considered.

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