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(영문) 서울중앙지방법원 2017.11.22 2017고정1922
업무방해등
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On April 18, 2017, the Defendant: (a) obstructed the victim’s legitimate duties by force for about 30 minutes, on the ground that he/she did not sell alcoholic beverage E (n, 49 years of age) within the “D main store located in Gwanak-gu, Seoul Special Metropolitan City.” (b) around 23:30 on April 18, 2017, on the ground that he/she did not sell alcoholic beverage.

2. The Defendant, who violated the Punishment of Minor Offenses Act (amended by the Ordinance of the Ministry of Justice) (hereinafter referred to as the “Act”), voluntarily accompanied by the suspicion under paragraph (1) above, was brought in to the “G District” located in Geumcheon-gu Seoul, Geumcheon-gu, Seoul on April 18, 2017, and boomed tobacco while under the influence of alcohol, booming the entrance, shaking the entrance, and booming the house, and changed the flap, flap, and flap.

Along with approximately 30 minutes of public office, such as taking a bath, it was difficult to avoid disturbance within the G District District of the Geumcheon Police Station, the government office.

Summary of Evidence

1. Each legal statement of witness E and H;

1. Each statement of E and H;

1. Chapter 1 of CCTV images CD, and Section 1 of Chapter 1 of Chapter 1 of this Act applies to the revocation of a government office’s owner;

1. Relevant provisions of the Criminal Act and Article 314 (1) of the Criminal Act (the point of obstructing duties, selecting fines) concerning the crime, and Article 3 (3) 1 of the Punishment of Minor Offenses Act (the point of disturbing public order and selecting fines);

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. Consideration such as the fact that the victim E does not want punishment for the reason of sentencing under Article 334(1) of the Criminal Procedure Act in the order of provisional payment;

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