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(영문) 인천지방법원 2019.06.04 2019고단2321

업무방해등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

(e).

Reasons

Punishment of the crime

1. On April 4, 2019, at around 20:20, the Defendant interfered with the business, on the ground that the victim D (Inn, 47 years of age) located in the Michuhol-gu Incheon building No. B was not given a proper answer to ask for the subway station, the Defendant interfered with the business of the victim’s store for approximately 30 minutes by force, such as “Amp,” “Imp,” “Imp,” “Imp,” and “Imp,” and “Imp, Imp,” and “Imp,” respectively.

2. The Defendant at the time and place of the performance of official duties set forth in paragraph (1), and the F police box affiliated with the F police box called out after receiving 112 report, interfered with the police officer’s legitimate performance of duties in relation to the police officer’s 112 report handling duties, when she saw that he was the Defendant, “I am bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit son son son

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Written statements of D;

1. 112. List of reported cases;

1. Application of statutes on site photographs;

1. Relevant Article 314(1) of the Criminal Act, Article 136(1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

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

1. Part concerning the rejection of prosecution under Article 62 (1) of the Criminal Act (i.e., a confession and rebuttal, an agreement with the victim of the obstruction of business, and a deposit of KRW 500,000 for the victim police officers);

1. The summary of the facts charged is that the Defendant assaulted the Victim H (33 years of age) by pushing the Victim H (33) with two hand and having the right hand hand by the security guards, who were visited at the time and place specified in paragraph (1) of the facts charged.

2. Determination

(a) Applicable provisions of Acts: Article 260 (1) of the Criminal Act;

(b) Crimes of non-compliance with will: Article 260 (3) of the Criminal Act.

(c) Judgment dismissing public prosecution: