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(영문) 서울서부지방법원 2014.02.06 2013고정884
업무방해등
Text

A defendant shall be punished by a fine of KRW 5,700,000.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

[2013 High Court Decision 884]

1. Around 09:00 on September 25, 2012, the Defendant interfered with business: (a) at C Public Notice Board located in Mapo-gu Seoul, Mapo-gu, Seoul; (b) found the victim D, who served in the said Public Notice Board, under the influence of alcohol; (c) threatened the victim D with being at the time of the victim; and (d) “b) notified the president’s contact point; and (c) continuously closed the Kabrogate at a close level; and (d) repeatedly and with large sounds, the Defendant interfered with the victim’s public Notice Board’s operation duties by force for about 30 minutes.

2. Around 06:40 on September 27, 2012, the Defendant assaulted the victim’s face at one time by drinking, when the victim E speaks that “the victim would be injured by another person” means that “the victim would be harming another person.”

3. The Defendant interfered with the performance of official duties by assaulting the police officer’s legitimate performance of duties concerning the handling of 112 reported duties by assaulting the Defendant, stating that “A slope G belonging to the Seoul Mapo Police Station F District, who called the Defendant’s visit at the time and place specified in paragraph (2), “I am sing off, sing off, sing off, and sing off his identification card.”

[2013 high-level 1640] Around 02:20 on December 13, 2012, the Defendant assaulted the victim’s her son at one time on the hand, on the ground that the victim J, who was next to the victim, in the event of a dispute with the said urine and heating facilities, took part in the said urging situation.

Summary of Evidence

1. The statement of each part of the police suspect examination protocol against the defendant;

1. Statement of each police statement to G, E, D, and J;

1. Application of Acts and subordinate statutes to investigation reports (in the case of IMoel business operators);

1. Relevant Article 314(1) of the Criminal Act, Article 260(1) of the Criminal Act, Article 136 of the Criminal Act, the applicable provision for criminal facts, the choice of punishment (a point of interference with business), and Article 136 of the Criminal Act.

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