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(영문) 부산지방법원 2015.02.09 2015고단245

업무방해등

Text

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

Reasons

Punishment of the crime

[Criminal Justice] On September 25, 2013, the Defendant received a summary order of KRW 1 million as an offense of interference with business, etc. from the Busan District Court on September 25, 2013; on October 15, 2013, the same court received a summary order of KRW 1 million as an offense of interference with business; on April 16, 2014, the same court was sentenced to six months of imprisonment as an offense of causing property damage; and completed the execution of the sentence in the Busan Correctional Institution on November 8, 2014.

【Criminal Facts】

1. On December 31, 2014, at around 21:40, the Defendant interfered with the business, at the “E” point operated by the victim D (year 37) located in Busan Jung-gu, Busan, demanded several times to leave out of the main store, the Defendant continued to go back to the customers located within the main store “Fari fari fari fari fari fari fari fari fari fari,” and the victim fari fari fari fari fari fari, which caused the Defendant to drink by leaving the main store outside the main store, and interfered with the victim’s main store business for about 15 minutes by force.

2. 공무집행방해 피고인은 2014. 12. 31. 21:55경 제1항 기재 ‘E’ 주점 앞에서 피고인이 소란을 피운다는 신고를 받고 출동한 부산중부경찰서 F지구대 경위 G가 피고인에게 소란을 피운 이유를 묻자 "내가 뭘 어떻게 했다고 지랄이야" 라고 욕설을 하면서 양손으로 위 G의 멱살을 잡아 흔들고, 손으로 위 G의 옷을 잡아당기다가 오른쪽 어깨에 있는 계급장을 떼어내어 위 G의 범죄예방 및 질서유지에 관한 정당한 직무집행을 방해하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to D and G;

1. Documents related to the case (entry photographs, shoulderer shotos, etc.);

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (Attachment to the current status of personal identification and confinement);

1. Article 314(1) of the Criminal Act (a) and Article 136 of the Criminal Act concerning the crime