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(영문) 서울남부지방법원 2015.09.23 2015고단3319

업무방해등

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. From around 22:40 on August 17, 2015 to 23:20 on the same day, the Defendant interfered with business: (a) around August 17, 2015, the Defendant: (b) obstructed the Defendant’s performance of a dispute over the Defendant’s drinking while drinking the alcohol from the Defendant’s day-to-day table table in front of the Fhop house operated by the victim E; and (c) obstructed the Defendant: (d) obstructed the Defendant, at the same time, 5 customers, who had fluened the instant table on the top of the instant table, with approximately 6 glass cups, such as beer and so on; and (d) obstructed the Defendant’s performance of a dispute over the Defendant’s drinking; and (e) obstructed the Defendant’s performance of a dispute over the Defendant’s drinking.

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

2. On August 17, 2015, the Defendant: (a) 23:30 on August 17, 2015, when receiving a report from 112 of E, the operator of Fhop house, and received a request for returning home from H at the site, the Defendant committed an assault, such as sprinking, sprinking, sprinking, and sprinking, sprinking, sprinking, and sprinking, the Defendant, at the place specified in paragraph (1).

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the control of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to I and H;

1. Application of Acts and subordinate statutes to written E;

1. Relevant Article 314 (1) of the Criminal Act and Article 314 (1) of the Criminal Act (Interference with Business, Selection of Imprisonment), and Article 136 (1) of the Criminal Act (the point of obstruction of performance of official duties and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The crime of obstruction of performance of official duties by not more than eight months of imprisonment with prison labor for the crime of obstruction of business within the scope of the recommended sentence according to the sentencing guidelines (the crime of obstruction of business, interference with business, and mitigation area):