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(영문) 인천지방법원 2016.08.12 2016고정1770
업무방해등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

1. The Defendant’s interference with the Defendant, B, and C’s duties from around 01:20 on March 2, 2016 to around 02:00 on March 2, 2016, the Defendant obstructed the Defendant’s main business affairs by force by preventing customers from entering the main points of the Defendant’s business by going against the disturbance, i.e., going through a victim E (35 years of age) located in Namdong-gu, Incheon, Nam-gu from entering the victim E (35 years of age). As a result of the drinking value, the Defendant and the victim were forced to go against the victim and the victim’s horses and abusives.

2. The Defendant and C violated the Punishment of Minor Offenses Act, along with C on March 2, 2016 from around 02:10 to around 03:00 of the same day, committed an act of disturbance disturbance at a government office for about 50 minutes, i.e., the Defendant continuously committed an act of disturbance disturbance by 50 minutes, such as: (a) the Defendants, while under the influence of alcohol, return to a large amount of interest in the earth; and (b) the Defendants, who were under the influence of alcohol, return to the police station located in the south-dong Incheon Metropolitan City Police Station located in 176, Nam-gu, Nam-gu, Incheon; and (c) the police officers, despite the control of police officers.

Summary of Evidence

1. A protocol concerning the examination of the suspect of each police officer against the defendant or B;

1. A protocol concerning partial examination of suspect with regard to C;

1. Statement made by the police for E;

1. The circumstantial statements of each owner;

1. Application of Acts and subordinate statutes to a criminal investigation report (a motion picture not attached to a motion picture for revocation of a motion picture);

1. Relevant provisions of the Criminal Act, Articles 314(1) and 30 (Interference with Business) of the Criminal Act, Article 3(3)1 of the Punishment of Minor Offenses Act, Article 30 of the Criminal Act (the point of disturbance in official document), and selection of fines, respectively;

1. former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (to the extent that the amount of fine for the above two crimes is aggregated);

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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