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(영문) 서울서부지방법원 2018.06.28 2018고단1226
업무방해등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Criminal facts

1. The Defendant interfered with his/her business within the main point of “E” operated by the victim D in Mapo-gu Seoul Metropolitan Government from January 28, 2018 to January 23:45, 2018 by the Defendant: (a) the employee F of his/her place of business diminished his/her bags on the floor.

I think that it would be a large sound, "whether or not the inside bank has been dint."

“To call, speak and speak, and enter the kitchen, etc., the customers who were the main points of the disturbance were forced to leave the disturbance at that place.

Accordingly, the Defendant interfered with the victim's main business by force.

2. When the Defendant, at the time, at the place specified in paragraph 1, and at the time, at the place specified in paragraph 1, recommended H to return home by the head of Mapo-gu Seoul Metropolitan Government Police Station G District, who was called out after receiving 12 a report of the disturbance as described in paragraph 1, the Defendant would be able to go home.

The term "influence" refers to "influence," and the chest of H was tight once, and assaulted by hand when the head of H and her scam are scam.

Accordingly, the Defendant interfered with the legitimate execution of duties by 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 H;

1. Application of the respective laws and regulations of D, I, J and F

1. Relevant legal provisions and the choice of punishment for a crime: Article 314 (1) of the Criminal Act (the point of obstructing the performance of official duties) and Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties) and the selection of each fine;

1. Aggravation of concurrent crimes: The punishment provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes with the punishment provided for in a violation of heavier business);

1. Attraction of a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Provisional payment order: The sentencing of Article 334(1) of the Criminal Procedure Act shall be determined as follows: the defendant's serious reflective intent and intent of obstructing the defendant's work; the defendant is the primary offender; the defendant is the primary offender; the degree of the obstruction of the work of this case and the obstruction of the performance of official duties; and

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