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(영문) 서울동부지방법원 2015.04.08 2015고단43
업무방해등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On December 24, 2014, the Defendant interfered with business: (a) around 20:40 on December 24, 2014, at the D main points operated by the victim C in Gwangjin-gu Seoul Special Metropolitan City, the Defendant: (b) obstructed three customers who are unable to know their names under the influence of alcohol, and (c) obstructed the Defendant from leaving three customers who are unable to know their names, and (d) coming out of the main points.

Accordingly, the Defendant interfered with the principal operation of the victim by force.

2. The Defendant was informed of the summary of the suspected crime, the right to refuse to make statements, and the right to appoint a counsel from the Mine Police Station E-gu Seoul Special Metropolitan City police station where he was called out after receiving the date and time and place stated in paragraph (1) of this Article, and arrested him as an offender in the act of committing the patrol, and then cut the above police officer’s title that he was seated at his seat one time in front of the left side.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the arrest of the police officer in the act of committing the crime.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of F’s written Acts and subordinate statutes;

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

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing of Articles 70(1) and 69(2) of the Criminal Act on the confinement in a workhouse is that the defendant interfered with a drunk business and uses violence to a police officer dispatched is a bad character.

However, in consideration of the following, the degree of assault against police officers is easy, the defendant is against the defendant, and there is no criminal record in the same kind of crime, the sentence like the order is imposed.

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