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(영문) 광주지방법원 2015.10.07 2015고단3278

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 of the final judgment.

Reasons

Punishment of the crime

1. The Defendant’s interference with business on July 12, 2015, on the ground that, around 04:30 on July 12, 2015, the victim C’s “D” restaurant in Gwangju Northern-gu does not drink alcohol.

h. Babro dyp;

The Defendant, by force, obstructed the victim’s restaurant business by committing an offense described in paragraph (1) and waiting at the F District Office of the Gwangju Northern Police Station located in Gwangjubuk-gu on the same day at around 05:30 on the same day after the Defendant was arrested as a flagrant offender. The Defendant, towards the police officer, was able to die in the knishline.

총을 쏴봐라.

Chewing typar flaz

Rumphical type of death is also dead.

The spits, spits or spits, which take a large scale of brins, and are brins or spits on the floor of the office, and assaulted once by drinking the left side of the police officer G, which prevents it.

As a result, the defendant interfered with legitimate execution of duties concerning criminal investigations by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning C and G;

1. Application of the Acts and subordinate statutes on video recording CDs;

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. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order: ① The fact that the defendant repents his wrong, agreed with the operator of the restaurant, which is favorable to the defendant, and ② the fact that it is a contingent crime, etc.;

In the case of obstruction of the performance of official duties (in the case of obstruction of business), there are good conditions in terms of the form of crime or method, such as avoiding disturbance or slaping clothes within the belt (in the case of obstruction of the performance of official duties), etc.