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(영문) 서울남부지방법원 2018.02.09 2017고단5320
업무방해등
Text

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

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

Reasons

Punishment of the crime

1. 업무 방해 피고인은 2017. 10. 3. 22:25 경 서울 영등포구 B에 있는 피해자 C(71 세) 운영의 ‘D 노래 연습장 ’에서, 특별한 이유 없이 노래방에 들어와 소리를 지르고 계산대 탁자를 발로 찼으며, 노래방에서 나가 달라고

For about 15 minutes, such as the quality of the paths to the above victim, the victim obstructed the victim's singing operation by force.

2. The Defendant interfered with the performance of official duties, at the time and place described in paragraph 1, and at the same time and place, “I fight.”

“A police officer of the Seoul Young Military Police Station E (a police box) who was called out after receiving a report 112, was prevented from performing his/her duties as referred to in paragraph 1, and assaulted on one occasion the left face of the said F on one occasion.

Accordingly, the Defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of the C’s respective Acts and subordinate statutes;

1. Relevant Article 314(1) of the Criminal Act and Article 314(1) of the Criminal Act (Interference with, and Selection of, a fine for a crime), and Article 136(1) of the Criminal Act (Interference with, and Selection of, a fine for a 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 punishment should be determined by taking into account the following factors: (a) the confession of the reason for sentencing under Article 334(1) of the Criminal Procedure Act; (b) the degree of interference with the performance of duties and official duties; and (c) the victims expressed their intention not to be punished by the Defendant; (d) the details of the crime; (e) the method and means of the crime; and (e) the criminal records of the Defendant; and (e)

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