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(영문) 서울남부지방법원 2015.07.01 2015고정716
업무방해등
Text

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

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

Reasons

Punishment of the crime

1. At around 08:00 on January 18, 2014, the Defendant: (a) provided the Defendant with an influencing of alcohol together with the unfluencing of the victim C (n, 48 years of age) in Guro-gu Seoul Metropolitan Government “D” restaurant; and (b) provided the Defendant with an influcing of alcohol, first, on the ground that the act of drinking alcohol is bad, and first, a restaurant is bad; (c) under the influence of alcohol, the Defendant expressed the Defendant’s desire to “Ie the Marine Corps, Ieman, Ieman, Ieman, Ieman, Ieman, Ieman, Ieman, and Ieman, Ie the Defendant requesting the Defendant to stop it and return home, thereby interfering with the Defendant’s restaurant business over approximately 30 minutes of noise.

2. At around 08:40 on January 18, 2014, the Defendant: (a) asked the police officer of the Seoul Guro Police Station E District Police Station E-gu, Seoul, who was dispatched after receiving a report on the Defendant’s obstruction of performance of official duties, to stop his/her duties and to return home; (b) “I am to the police, I am to the police, I am to the son, I am to the son, I am to the son, I am to the son, I am to the death; and (c) interfered with the police officer’s performance of official duties by taking one time on the part of the police officer F.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning F;

1. Each statement;

1. Application of Acts and subordinate statutes to on-site reports;

1. Relevant Article 136(1) of the Criminal Act, Article 314(1) of the Criminal Act, and the choice of each fine for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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