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(영문) 수원지방법원 안산지원 2014.02.11 2013고정2295
업무방해등
Text

Defendant shall be punished by a fine of KRW 2,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. Around 11:20 on October 14, 2013, the Defendant: (a) expressed that “D” restaurant operated by the victim C in Ansan-gu, Ansan-si, Ansan-si; (b) under the influence of alcohol, the Defendant expressed that “D” customers under the influence of alcohol were “this frings”; and (c) the victim prevented the Defendant and “the Defendant was “fringing and returning home”; (d) the Defendant was seated at the restaurant entrance, and the Defendant got the victim to leave the place, and prevented the Defendant from entering the place, by making the Defendant fring the disturbance, i.e., talking with the “nrings” and taking a bath.

Accordingly, the defendant interfered with the victim's restaurant business by force.

2. At around 12:05 on October 14, 2013, the Defendant committed an assault, such as “I would like to see, see, e.g., the business that he had a child, customer, who would interfere with his business, calculation of the amount of food, and return home to Korea,” that “I would like to say, see, e.g., why I would see, e., why I would see, or why I would go back to Korea,” that “I would go back to see, e.g., why I would go back, I would go back to see, e.g., why I would go back to Korea.”

Accordingly, the defendant interfered with legitimate execution of duties concerning the maintenance of police officers' order.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement concerning C and F;

1. Application of Acts and subordinate statutes to investigation reports (where evidence is recorded nine pages);

1. Relevant Article 314(1) of the Criminal Act and Article 136(1) of the Criminal Act (the point of obstruction of performance of official duties and the choice of fines) concerning criminal facts;

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;

1. The fact that the defendant is against the sentencing reason of Article 334(1) of the Criminal Procedure Act, and the victim C does not want punishment.

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