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(영문) 대전지방법원 천안지원 2018.09.14 2018고단1395
업무방해등
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. On April 10, 2018, at around 00:20, the Defendant’s interference with the business: (a) on the “F car page” operated by the victim E located in Asan-si; (b) on the arbitration of the police officers dispatched after receiving a report of a violent incident, the Defendant’s behavior, the parties to the violent incident, return all to the Defendant, the parties to the violent incident; and (c) on the part of the victim requesting the Defendant to pay damages due to the Defendant’s disturbance G and H’s disturbance, the Defendant would not run the business by placing the images on the Internet.

The term "domination of internal video images in the car page in the state of other customers", which prevents the victim's car page service by force by avoiding the disturbance between about 30 minutes, such as shooting of internal video images in the car page, and by allowing the customers in the car page.

2. On April 10, 2018, the Defendant interfered with the performance of official duties: (a) on the front day of “F Kacbook” located in Asan-si, Asan-si; (b) on the front day of the 112-report, when the slope J, who was called up upon the 112-report, solicited him to invalid; (c) was tightly pushed back by his body with J and her hand; and (d) the Defendant was unable to proceed with the patrol because he was seated in front of the patrol car boarding by the said J and assistant K, or was seated on the front day of the patrol car boarding by the said J and assistant K.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on 112 report handling.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made against J or L;

1. A K's written statement and a witness's written statement of M;

1. Application of Acts and subordinate statutes to photographs, extracted from the field and patrol series images;

1. Relevant Article 314(1) of the Criminal Act, Article 316(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 on the Aggravated Punishment of the Provisional Payment Order is that the nature of the crime in light of the background of each of the instant crimes and the form of the act, etc., the Defendant confessions and reflects each of the instant crimes, and is under the influence of alcohol at the time.

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