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(영문) 서울동부지방법원 2016.04.05 2015고정1736
업무방해등
Text

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

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

Reasons

Punishment of the crime

1. On June 3, 2015, from around 20:30 to 21:00, the Defendant and C obstructed the victim’s restaurant business by drinking alcohol at the F restaurant operated by the victim E in Gwangjin-gu Seoul Special Metropolitan City, but did not accurately inform his/her substitute drivers of the location. C provided a bath to his/her employees, and the Defendant combined with it, and caused his/her employees to interfere with the victim’s restaurant business by having his/her employees feel a disturbance, such as spokeing so that he/she did so and she did so.

Accordingly, the defendant and C conspired to interfere with the victim's work.

2. On June 3, 2015, the Defendant: (a) around June 21:25, 2015, around G in Gwangjin-gu Seoul Special Metropolitan City, the Defendant: (b) the chief of the police station affiliated with the above police box of the victim: (c) carried the victim into the Defendant’s police box.

하자 다수의 행인들이 듣는 가운데 피해자를 향하여 “ 현행범인 체포, 야 니가 날 현행 범인으로 체포해, 체포 해봐, 젊은 경찰 너 이리와 봐 이 새끼야, 현행범인 체포를 해봐 ”라고 큰 소리로 말하고, 이어서 H 파출소 안에서 F 식당 업주 등이 듣는 가운데 피해자에게 “ 야 너 이리와 봐 맞짱 까게, 현행범인 체포 못하면 너 죽여 버린다.

The victim publicly insultingd the victim by referring to a large voice, “I am in flagrante. I am in a flagrant offender. I am in a young police width.”

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement by the witness J;

1. Each police statement made to J and E;

1. Each written statement prepared by J, E, and I;

1. The application of Acts and subordinate statutes to a complaint, a letter of arrest of a flagrant offender, and a criminal investigation report (with respect to statements made by a shot person);

1. Relevant legal provisions of the Criminal Act and Articles 314(1), 30 (Interference with Duties, Selection of Fines) of the Criminal Act concerning facts constituting an offense, and Article 311 of the Criminal Act (Embry point and Selection of Fines);

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. The Criminal Act to attract a workhouse;

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