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(영문) 서울중앙지방법원 2018.06.01 2018고단1505
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

1. On March 6, 2018, from around 00:30 on the same day to around 00:50 on the same day, the Defendant: (a) caused damage to the F2nd floor operated by the Victim E (S) located in Gwanak-gu Seoul Special Metropolitan City, by drinking away the wind flag located in the ceiling; (b) caused damage to the said floor; and (c) caused the disturbance by cutting off the table table, table with the chairs, and so on.

Accordingly, the defendant interfered with the victim's restaurant business by force.

2. On March 8, 2018, at around 00:50, the Defendant: (a) received a report at the place specified in paragraph (1); and (b) was arrested of a flagrant offender from three police officers, such as H, a police officer belonging to the Seoul Gwanak-gu Police Station G District 4 Team patrol group; and (c) committed assault against knee at H’s Hebbbbbs and wing depth.

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

Summary of Evidence

1. Defendant’s legal statement

1. H statement protocol;

1. Application of Acts and subordinate statutes to E statements;

1. Relevant Article 314 (1) of the Criminal Act and Article 314 (1) of the Criminal Act (the point of obstructing the performance of official duties, the selection of fines), and Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties and the selection of fines) concerning 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. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

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