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(영문) 제주지방법원 2017.06.28 2017고단463
업무방해등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[criminal records] On August 7, 2009, the Defendant was sentenced to a summary order of KRW 300,000 as a result of interference with business affairs by the Jeju District Court, and the record of criminal punishment for violent crimes was six times. On April 29, 2015, the same court was sentenced to imprisonment with prison labor for one year and six months, and the judgment was finalized on May 7, 2015.

[Criminal facts]

1. On December 10, 2016, at around 18:00, the Defendant obstructed the victim’s restaurant business by force by avoiding disturbances for about 20 minutes, such as the vehicle from which the victim D works in Jeju, takes a large amount of sound, without any reason, and putting other customers with a view to drinking. The Defendant obstructed the victim’s restaurant business by force.

2. At the same time and around the day specified in paragraph 1, the Defendant respondeded only to “H” in order to request verification of personal information from a slope G belonging to the F District Group of the Jeju Police Station of the Republic of Korea, which called “H,” and, upon receiving a demand for re-resident registration number from the said G, the Defendant sent a large voice to “H and this end, and, upon receiving a demand for re-resident registration number from the said G, I would like to see why I would have to do so. I would like to see why I would in my own frith.” In both cases, the Defendant sawd the chest part of the said G once.

Accordingly, the Defendant interfered with the legitimate performance of police officers' duties concerning the handling of reports 112.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written statement of I and G;

1. The 112 reported case settlement table, respectively;

1. Application of statutes on site photographs;

1. Article 314 (1) of the Criminal Act (the point of interference with business) and Article 136 (1) of the Criminal Act concerning facts constituting an offense;

1. Selection of a fine by choosing each type of fine (which reflects the fact that each crime is not committed, the damage to each crime is not much serious, and the victim of the obstruction of duties has agreed with the victim, shall be selected by taking into account the past criminal records of the defendant;

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