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(영문) 서울중앙지방법원 2012.08.30 2012고정1863
업무방해등
Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. On January 2, 2012, at around 22:10, the Defendant: (a) attempted the Defendant, who is a victim D (the 61 age), who is a security personnel of the Dongjak-gu Seoul Metropolitan Government C Station Security Service, to safely return to the Defendant; (b) however, the Defendant took the victim’s desire to “whether the instant crime was committed or not; (c) he was responsible if he had to do so; and (d) he was able to take the 30 minutes of the victim’s arms, etc., and interfered with the victim’s security service by taking the victim’s 9-line force, such as not taking the victim’s arms, etc.

2. At around 22:40 on January 2, 2012, the Defendant, as indicated in the foregoing paragraph (1), openly insulting the victim at the location of 2-3 persons, such as D, where the Defendant, who was on the part of the E District Victim AssistantF on the part of the E District, was called up to the E District Victim AssistantF on the part of the Defendant, who was faced with the disturbance, and returned home to the Defendant, was called up by the said E District Victim AssistantF on the part of the E District Service Office, and was able to face the disturbance.

Summary of Evidence

1. Each legal statement of witness D and F;

1. Each police statement made to D or F;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant provisions of the Criminal Act and Articles 314 (1) and 311 of the Criminal Act concerning the choice of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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