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(영문) 의정부지방법원 2020.07.23 2020고단852
업무방해등
Text

Defendant shall be punished by a fine of five million won.

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

Reasons

Punishment of the crime

1. On October 29, 2019, the Defendant interfered with business: (a) around 05:30 on October 29, 2019, the Defendant called “C” to the victim D, an employee of the Government of Gyeonggi-si, that “A will establish a substitute driving system”; (b) the victim refused it; (c) expressed the victim’s desire to read “C, the same year” to the victim; and (d) obstructed the victim’s restaurant business by force for about twenty (20) minutes, and obstructed the victim’s restaurant business by driving force.

2. On October 29, 2019, around 05:50 on October 29, 2019, the Defendant: (a) expressed a desire to verify the identity of the Defendant, who was requested by F to check the identity of the Defendant at the scene after receiving a report of 112 from the police officer affiliated with the House E-gu Police Station E-gu of the Gu Government Police Station called “I will tell why why he will clarify his identity; and (b) received the chest part of the Defendant’s chest on one occasion on his head.”

As a result, the Defendant interfered with the legitimate execution of duties of police officials on the prevention, suppression, and maintenance of order of crimes following the receipt of 112 report.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes on the screen screen by cutting off a written statement of D, a photofags, or a fags of CCTV;

1. Relevant Article 314(1) of the Criminal Act, Article 136(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. Of the instant crimes with reason for sentencing under Article 334(1) of the Criminal Procedure Act, the crime of obstruction of performance of official duties is a serious crime that undermines the function of the State by nullifying a legitimate exercise of public authority.

However, the fact that the defendant acknowledges and reflects each of the crimes of this case, and that the defendant exceeds the same criminal power or fine.

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