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(영문) 인천지방법원 2014.09.03 2014고단4837
업무방해등
Text

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

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

Reasons

Punishment of the crime

1. On March 25, 2014, at around 01:00, the Defendant obstructed the victim’s business by avoiding disturbance over about 40 minutes, with the victim’s DNA store operated by the victim C in Nam-gu Incheon Metropolitan City, without any justifiable reason, and without any reason, with the victim’s mobile phone collected from the victim’s cell phone, and with the victim’s mobile phone collected from the victim’s cell phone.” The Defendant interfered with the victim’s business by avoiding disturbance over 40 minutes.

2. On March 25, 2014, at around 01:50, the Defendant: (a) received a report from the Dju shop located in Nam-gu Incheon Metropolitan City, Namdong-gu, and cut off the shoulder of the police officer E, and (b) continued to accompany the F area, the Defendant assaulted E, a police officer, such as walking the said E’s bridge, and obstructed the police officer’s legitimate performance of duties.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Each statement G and C;

1. Application of statutes on site photographs;

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 (the first offense without any previous conviction and considering the agreement with the victim about the obstruction of business);

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 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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