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(영문) 의정부지방법원 고양지원 2013.06.27 2013고단367
업무방해등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

If the defendant does not pay the above fine, 70,000 won.

Reasons

Punishment of the crime

On November 10, 2011, the Defendant was sentenced to two months of imprisonment with prison labor for the crime of forging or forging a private signature in the Goyang Branch of the District Court, and the Defendant completed the execution of the sentence in the medical prison on January 9, 2012.

The defendant is a person who has worked in F for a period of two months in which the victim E (52 years of age, South) serves as the chief of the management department.

1. On February 5, 2013, from around 23:20 to around 00:20 on February 6, 2013, the Defendant interfered with the Defendant’s business, by force, interfered with the victim’s privacy or management affairs by force for about one hour, such as the dismissal of himself/herself from the “F” located in Yongsan-gu G in Goyang-gu Seoul Metropolitan City, Mangyang-si, thereby gathering winders, humd, humd, humd, fire extinguishers, etc. on the above F, which were in the above F.

2. In the process of arresting a flagrant offender on suspicion as stipulated in Paragraph 1 of the same Article and transporting him to H district, the Defendant expressed that, within the I patrol vehicle, he ought to take a bath to the police officer who belongs to the Homan Police Station H District Hadern Police Station, “I am out of drinking,” and that the above police officer’s failure to take a bath, she sawd twice as a hand-on the left side of the defective person’s left part.

Accordingly, the defendant interfered with legitimate execution of duties concerning the arrest of a flagrant offender by a police officer.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement to E and J;

1. Application of Acts and subordinate statutes to investigation reports;

1. Articles 314(1) and 136(1) of the Criminal Act concerning the relevant criminal facts (the point of obstruction of performance of official duties and the choice of fines) of the Criminal Act;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with the punishment heavier than that prescribed by the crime of interference with business);

1. The application of Articles 70 and 69(2) of the Criminal Act to the detention of a workhouse to the defendant has committed a criminal act committed during the period of repeated crime, and has the record of being sentenced to a fine twice as a result of the obstruction of performance of official duties.

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