beta
(영문) 인천지방법원 2016.04.22 2016고단936

업무방해등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On May 30, 2014, the Defendant was sentenced to two years of suspension of execution on June 10, 2014 by obstructing business by the Incheon District Court, which became final and conclusive on June 10, 2014.

1. On February 17, 2016, from around 15:51 to 16:02 of the same day, the Defendant: (a) obstructed the victim’s restaurant business by force, i.e., cutting off the cer who was suffering from a bath on the ground that he did not drink in the “E cafeteria” operated by the victim D (59 aged) of the victim D (E 59) located in Nam-gu Incheon Metropolitan City; and (b) laid down the chill on the front floor of the entrance; and (c) obstructed the victim’s restaurant business

2. The defendant shall interfere with the performance of official duties and the injured person on the same date and time as the above paragraph 1, and at the same place "the principal offender shall wear a pedal."

"A person sent out of the restaurant with the victim G, who is a police box belonging to the Incheon Southern Police Station, after receiving a report 112.

After that, when the injured person enters a restaurant and confirms the details of the report from the proprietor and the employees, the Defendant opened a restaurant entrance and entered the restaurant, and “Is down down a sapum, down a death, and down a police officer;

내가 뭘 잘못했냐.

When "The part of the victim's clothes booming the sound and preventing it was 2 times as drinking, the victim boomed the victim with approximately two weeks of medical treatment.

As a result, the defendant interfered with legitimate execution of duties by police officers on the investigation of crimes, and at the same time injured the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to H and G;

1. A medical certificate;

1. A photograph of a CCTV image to be cut;

1. Previous convictions in judgment: Application of a reply letter to inquiry, such as criminal history, the text of judgment, and the results of search of integrated cases;

1. Article 314(1) of the Criminal Act applicable to the facts constituting an offense (the point of interference with business), Article 136(1) of the Criminal Act (the point of interference with the performance of public duties) and Article 257(1) of the Criminal Act (the point of interference with business) of the same Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Code of Aggravation of Concurrent Crimes.