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(영문) 수원지방법원 평택지원 2019.10.10 2019고단977
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. Around 17:00 on June 22, 2019, the Defendant obstructed the victim’s restaurant business by forcibly obstructing the victim’s restaurant business by having the victim’s employees E, who refrain from drinking in the “D” restaurant operated by the victim C in Pyeongtaek-si B, talking the victim’s employees E, who refrain from drinking on the table, and having the customer leave the place, or preventing the customers from entering.

2. The Defendant’s obstruction of performance of official duties is the date and time set forth in paragraph (1) of this Article, and at the same place, to ask questions concerning the 112 reported matters from the police officer G and patrolmen belonging to the Pyeongtaek-si Police Station F District G and patrolmen, and to request the said police officer to return home after calculating the drinking value, and to correct the above G G’s indictment as the Defendant’s hand is a clerical error.

An assault was committed, such as booming the timber of this case.

As a result, the Defendant interfered with the police officer's 112 report details and legitimate execution of duties concerning criminal investigation.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application of Acts and subordinate statutes of the I;

1. Relevant provisions of the Criminal Act and Articles 314 (1), 313, and 136 (1) of the Criminal Act concerning the selection of criminal facts;

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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) of the Provisional Payment Order is that the police officers dispatched to the site due to the reason for the sentencing, who assaults the police officers.

However, the punishment shall be determined as ordered in consideration of the favorable circumstances, such as the fact that there is no record of punishment other than one time prior to a fine, the confession and reflect of the crime of this case, the fact that the victim I and I of the crime of interference with business agreed smoothly with the victim, the fact that there is a family member to support.

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