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(영문) 대구지방법원 2020.05.14 2020고단575
업무방해등
Text

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

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

Reasons

Punishment of the crime

1. On January 10, 2020, at around 00:50, the Defendant interfered with the Defendant’s business, at the time of “D” store operated by the victim C in Daegu-gu, Daegu-gu, the Defendant interfered with the Defendant’s restaurant business by force for about 15 minutes, including: (a) the Defendant, under the influence of alcohol, arbitrarily enters the said house’s main room inside the said house; and (b) the Defendant, under the influence of alcohol, made the said customers feel “nick”, etc.; and (c) the Defendant took the bath, such as “nicking”, and let the customers go to the said

2. On the same day: (a) around 01:15 on the same day, the Defendant: (b) arrested the Defendant in the act of interference with business, etc., as described in paragraph (1) above; (c) refused to use the toilets in the earth; and (d) refused to discharge out of the toilet; and (c) obstructed the Defendant, who is the victim of the said E Zone, who took the above bath, and tried to take out of the toilet by hand, and caused the injury to the Defendant, who is the victim of the said E Zone, by taking the face of the Defendant, the victim of the said E Zone on one occasion with his left arms, and caused the injury to the Defendant, who was in need of approximately two weeks of treatment.

As a result, the defendant interfered with the legitimate execution of duties of police officers on arrest and transfer of flagrant offenders, and at the same time injured the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. A written statement prepared in C;

1. Standing photographs, CCTV closure photographs;

1. A list of working days and 112 reported cases;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 257 (1) of the Criminal Act, Article 136 (1) of the Criminal Act and Article 314 (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 (the crimes of obstruction of the performance of official duties and the crimes of injury in the market, and the punishment imposed on the crimes of grave injury);

1. Selection of an alternative fine for punishment;

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.

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