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(영문) 서울서부지방법원 2017.03.03 2016고단2519
업무방해등
Text

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

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

Reasons

Punishment of the crime

1. 업무 방해 피고인은 2016. 7. 25. 00:40 경 서울 마포구 C, 지하 1 층에 있는 피해자 D이 운영하는 'E 주점 '에서, 술에 취해 춤을 추면서 손님들에게 ‘ 야 니들 몇 살이야 ’라고 반말로 시비를 걸어 손님들이 가게에서 나가게 하고, 계속하여 다른 손님에게 다가가 몸을 더듬고 뽀뽀해 달라고 하면서 혀로 팔을 핥는 등 소란을 피우고, 피해 자로부터 나가 달라는 요구를 받고도 이에 응하지 아니한 채 ‘ 씨 발 술 안 주냐

“Along on about 30 minutes of the Victim’s main business by force, such as taking a bath, raising trial expenses, etc., the victim’s main business was obstructed.

2. The Defendant interfered with the performance of official duties at the above date, place, and the 112 report stating that “The head of the police station F District belonging to the Mapo-gu Seoul Police Station, Seoul, on the ground that there was a suspicion of interference with business by G being called out after receiving a 112 report, and the Defendant was arrested the Defendant as a current offender, and then taken away from the main place, and there is a defect “the inside of the country?”

The phrase “unsurda” used the said G’s left part with his hand, and used flap with his hand, such as flap, flag, and walking the upper part of the surg.

As a result, the Defendant interfered with the legitimate execution of duties concerning the handling of reports and the arrest of flagrant offenders by police officers G 112.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of D and H;

1. Statement of the police statement related to G;

1. Investigation report (to hear statements from telephone calls of victimized police officers and reporting thereon);

1. Application of the Acts and subordinate statutes to the upper part and the photographic body of violence;

1. Relevant Article 314(1) of the Criminal Act, Article 314(1) of the Criminal Act (the point of interference with business), Article 136(1) of the Criminal Act (the point of interference with the performance of public duties) and the selection of fines for the crime;

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 of Article 334(1) of the Criminal Procedure Act is the first offender.

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