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(영문) 제주지방법원 2017.06.15 2017고단653
업무방해등
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On February 4, 2017, from around 21:20 to 21:50 on the same day, the Defendant: (a) at Jeju-si Ba, and the Victim C’s “D” ran tavern operated by the Victim C; and (b) on the ground that the victim does not sell alcoholic beverages to himself/herself; and (c) “A bit bit of bitch bitch bitch bit

The “Woo-ri” refers to the “Woo-ri,” and the “Woo-rier, walkinging, etc.,” obstructed the victim’s main business by force by avoiding the disturbance between about 30 minutes.

2. The Defendant, in the date, time, and place referred to in the preceding paragraph, had been demanded to immediately leave the victim at the same time and at least 30 minutes, and refused to demand the victim to leave without good cause.

3. The Defendant interfered with the performance of official duties, at the same time and place as the preceding paragraph, and at the same time and place as 112 reported and sent out, expressed his motive to F, who was affiliated with the E District of the Jeju Police Station E District of the Dong-dong Police Station, “I ambling,” and assaulted the left part of the said F, once.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the prevention, suppression, and investigation of crimes.

Summary of Evidence

1. Partial statement of the defendant;

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

1. A written statement of the G production;

1. Application of statutes on site photographs;

1. Article 136(1) of the Criminal Act applicable to the facts constituting an offense (the point of obstructing the performance of official duties), Article 314(1) of the Criminal Act (the point of obstructing business operation) and Article 319(2) and Article 319(1) of the Criminal Act (the point of refusing to leave);

1. Selection of each alternative fine for punishment;

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 grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment shall be taken into account all of the conditions for sentencing specified in the instant pleadings, and in particular, the following circumstances shall be taken into account. Undue favorable circumstances: (a) reflects the nature; (b) interfere with business; and (c) agree with the victim who has refused to leave: (a) committed each of the instant crimes even though there was a history of having been punished several fines by violence.

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