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(영문) 서울중앙지방법원 2018.04.19 2018고단1066
업무방해등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. On January 9, 2018, at around 17:40, the Defendant obstructed the victim’s restaurant business by exercising 20 minutes’ power, such as breathing “Chewing” and breathing the customer’s body, on the ground that the victim did not rapidly bring his/her me new plate in the D restaurant operated by the victim C in Gwanak-gu, Seoul Special Metropolitan City.

2. The Defendant interfered with the performance of official duties at the time and place specified in the above paragraph (1) and the 112 reported and sent out by the Defendant F, who was arrested the Defendant as an offender in the act of interference with his duties and tried to board the Defendant at the patrol vehicle. The Defendant assaulted the Defendant at one time on the left boom of the said F.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. C’s statement;

1. Application of Acts and subordinate statutes to photographs of assault damage;

1. Article 314(1) of the Criminal Act, Article 136(1) of the Criminal Act, and Article 136(1) of the same Act, the selection of fines for a crime;

1. Article 37 (former part of Article 37 of the Criminal Code, Article 38 (1) 2 and Article 50 of the Criminal Code of Aggravation of Concurrent Crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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