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(영문) 서울중앙지방법원 2018.05.24 2018고단1994
업무방해등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. On February 6, 2018, the Defendant: (a) around 05:50 on February 6, 2018, the Defendant: (b) caused disturbance by: (c) the payment of the price for plastic bags within the E convenience store operated by the victim D in Dongjak-gu Seoul Metropolitan Government; and (d) preventing customers, who were entering the entrance of the convenience store at the entrance of the convenience store for about 20 minutes, from entering the said convenience store.

Accordingly, the Defendant interfered with the victim's convenience store operation by force.

2. At around 06:20 on the same day, the Defendant: (a) instructed the Defendant to return home to the Fdistrict H belonging to the Seoul Dongjak Police Station G; and (b) attempted to depart from the patrol vehicle by getting on the patrol vehicle; (c) had the front glass of the patrol vehicle opened a front door of the driver’s seat and pushed off the above slope H with the driver’s seat.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to the patrol operation of police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Application of Acts and subordinate statutes of D;

1. Relevant Article 314(1) of the Criminal Act, Article 316(1) of the Criminal Act (the point of interference with business), Article 136(1) of the Criminal Act (the point of interference with the performance of public duties), and the selection of fines for the 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. In order to establish the legal order of a country with reason for sentencing under Article 334(1) of the Criminal Procedure Act and eradicate public peace, there is a need to strictly punish an offense obstructing the performance of official duties. The Defendant has a record of being punished once by a fine due to a crime obstructing the performance of official duties.

However, the defendant led to the confession of the crime of this case, the mistake is divided, the victim of the crime of this case does not want the punishment of the defendant, and the defendant was under brain operation on January 8, 2017, and due to the accident.

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