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(영문) 수원지방법원 안산지원 2017.06.14 2017고단818
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. On November 15, 2016, from around 20:10 to 20:40, the Defendant obstructed the victim’s restaurant business by force, on the ground that the Defendant: (a) “E” restaurant for the victim’s “E” restaurant in the Suwon-si flooded area C’s operation; and (b) on the ground that the Defendant asked the victim to the place where the victim smokes tobacco, “the victim is smoking in the building, which is outside of the street if it is anticipated to smoke, and that the victim gets out of the streets,” “Shhhhhhhhhhhhhhhhhhhhhhhhhhhhh; and (c) obstructed the victim’s restaurant business by force

2. On November 15, 2016, the Defendant interfered with the performance of official duties, on the road near the place indicated in paragraph (1) around 20:40 on November 15, 2016, the Defendant received 112 reports from the police officers belonging to the G District Unit in the Seodaemun-gu Police Station, who are the police officers belonging to the Dong District Unit in the Seodaemun-gu Police Station, and received personal information from H and slope I, who were asked questions, such as the background of the case, the situation of the case, or intent to pay the drinking value, and made the said H and I’s chest parts by hand several times.

As a result, the defendant interfered with legitimate execution of duties concerning the investigation of crimes by police officials and the protection of prisoners.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to H and J;

1. Application of the respective Acts and subordinate statutes of D and I

1. Article 136 (1) and Article 314 (1) of the Criminal Act applicable to the facts constituting an offense;

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. It is so decided as per Disposition on the grounds of Articles 70(1) and 69(2) of the Criminal Act (such as the fact that the defendant does not have a criminal record, that the victim of the obstruction of business was not punished by the defendant, that the damage was recovered, that the degree of violence obstructing the performance of official duties is minor, and that a deposit is made to I) and above.

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