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(영문) 인천지방법원 2015.07.03 2015고단2898

업무방해등

Text

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

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

Reasons

Punishment of the crime

1. On February 11, 2015, the Defendant interfering with his/her duties passes through the entrance at the Eju station where the victim D works in Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, would be under the influence of alcohol.

In the face of the arms, he saw his employees to take a bath, prevents the passage and entrance, and makes the customers leave the door.

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

2. At around 22:40 on February 11, 2015, the Defendant: (a) committed assault against G, such as, inter alia, whether he was asked about the circumstances of the reported case from the slope G belonging to the Busan Police Station F District Unit of the Samsan Police Station, which received 112 reports in front of the said E branch; and (b) whether he was asked “Iado guest, what he would be the same string, what he would be the same string, how to be resolved, how to be the police, how to be resolved, and how to be the string; and (c) whether G faces the face in drinking; (d) whether he was the police; and (e) whether he was buckbucks of G; and (e) whether he was buckbucks of G

Accordingly, the defendant interfered with the legitimate execution of duties concerning the investigation of 112 reported crimes by police officers.

3. The Defendant damaged public goods, at the time and place indicated in paragraph 2, was arrested in the act of committing an act of committing an offense under the suspicion of paragraph 2, and the Defendant was forced to walk with the back beer part of the H patrol car (No. 33) owned by the F District of the Samsan Police Station, Samcheon-gu, Busan.

Accordingly, the Defendant damaged the goods used by public offices.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to G, I, and J;

1. Application of the Acts and subordinate statutes to capture photographs, on-site photographs, victim G, work clothes photographs at the time of the performance of official duties, of the damaged articles net-33;

1. Relevant Article 314(1) of the Criminal Act, Article 314(1) of the Criminal Act, Article 136(1) of the Criminal Act, Article 141(1) of the Criminal Act, and the choice of imprisonment for the crime;

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

1. Suspension of execution;