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(영문) 광주지방법원 2013.08.27 2013고정1330
업무방해등
Text

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

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

Reasons

Punishment of the crime

1. On January 11, 2013, from around 23:30 to the next day from around 00:30 of the following day, the Defendant obstructed the business, at the main point of “D” operated by the victim C in Gwangju Northern-gu, the Defendant: (a) laid the beer residues on the floor without any reason, and caused customers to leave the place.

Accordingly, the Defendant interfered with the victim's bar business by force.

2. On January 12, 2013, the Defendant: (a) at the main point of “D” located in Gwangju Northern-gu, Gwangju Northern-gu, and received a report for the said reasons; (b) was arrested as a flagrant offender due to the suspicion of interference with business from E officers belonging to the Gwangju Northern Police Station, who was called for, and received a report for the said reasons; (c) assaulted two descendants, such as cutting down the balp of the said E, and salkeing.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the arrest of a police officer.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to E and C;

1. Article 314 (1) and Article 136 (1) of the Criminal Act that applies to the relevant criminal facts and that of the choice of punishment: Selection of a fine;

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;

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