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(영문) 인천지방법원 2018.05.02 2018고단667
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 January 6, 2018, at around 02:50, the Defendant interfered with the business of the Defendant: (a) obstructed the operation of the instant singing room by force by preventing customers from entering the singing room, by letting them enter the singing room, such as having a large amount of sound that they want to get home from the victims of the damage, having a great amount of sound that they want to get home from the “△△△△△△△” shop operated by the Victim D, which is operated by the victim D; (b) having a large amount of sound that they want to get home from the victims of the damage; and (c) having singing their singing on the entrance door; and (d) having them sing up with their singing.

2. On January 6, 2018, the Defendant interfered with the performance of official duties, who received 112 reports from the police officer of the Incheon Southern Police Station Emba, who was sent to the Defendant at the place specified in paragraph (1) around 03:15, and received questioning of the circumstances of the instant case from F, of the police officer affiliated with the Incheon Southern Police Station Emba, who was sent to the Defendant.

Does the sidewalk police do not form a fake;

If the inside of the arms "I kyna', I kyna'," he assaulted F's fat, which was arrested in the act of interference with business by avoiding disturbance by avoiding disturbance.

As a result, the defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reports.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F or D;

1. Written statements of D;

1. Application of the CD-related Acts and subordinate statutes to crimes;

1. Relevant Article 314(1) of the Criminal Act, Article 316(1) of the Criminal Act (the point of interference with business), Article 136(1) of the Criminal Act (the point of interference with the performance of public duties), and the selection of fines for the crime;

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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The sentencing of the Defendant under the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, including the Defendant’s age, sexual conduct, environment, motive and circumstance of each of the instant crimes, means and method thereof, and circumstances after the crime, etc., shall be determined by comprehensively taking into account the following circumstances and the conditions of sentencing as indicated in the trial process.

Unfavorable circumstances: the circumstances leading to each of the crimes in this case.

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