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(영문) 수원지방법원 성남지원 2013.10.24 2013고정1426
업무방해등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

Where a defendant fails to pay a fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. From around 03:50 on April 13, 2013 to 04:10, the Defendant interfered with the business, on the ground that the victim E (ma, 47 years old) and employees F et al. in Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Sungnam-si were the Defendant, the Defendant obstructed the victim’s food business by force, by force, following the Defendant’s disturbance: (a) on the grounds that the said F, who packages goods to be sold, was dead at low time; (b) he she was displayed with a large interest of “brising down; (c) the family members; and (d) he she was booming with the fruit and stuffing.”

2. The Defendant at the same time, time, and place as mentioned in the above paragraph (1) of the same Article, in order to arrest the Defendant as an offender in the act of interference with the duties of the Defendant, and to proceed with the duties of the Defendant, the Defendant: (a) committed an assault to the police officer, such as “Chose, governance, dead her, her, etc.,” and (b) Ha, who was called to the scene after receiving 112 reports on the obstruction of the duties of the Defendant; and (c) obstructed the legitimate performance of duties concerning the arrest of the police officer in the act of committing an act of interference with the duties of the Defendant.

3. The Defendant damaged public goods, at the same time and place as mentioned in the above paragraph (1), caused the 1 SM3 patrol vehicle 42 patrol vehicles, which was parked strongly resistanceed by police officers to commit an act in the line of duty, thereby damaging the public goods used by public offices for the repair cost of KRW 250,452.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of H and E;

1. A written statement;

1. Evidence photographs;

1. Application of Acts and subordinate statutes to a written estimate of insurance repair expenses;

1. Relevant Article 314(1) of the Criminal Act, Article 314(1) of the Criminal Act (the point of interference with business), Article 136(1) of the Criminal Act (the point of interference with the execution of public duties), Article 141(1) of the Criminal Act, the selection of fines 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 and 69 of the Criminal Act for the confinement of a workhouse.

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