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(영문) 제주지방법원 2016.08.23 2016고단1201

업무방해등

Text

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

Reasons

Punishment of the crime

[criminal records] On October 27, 2015, the Defendant was sentenced to two years of suspension of execution on June 1, 2016 in the Daegu District Court Support for the crime of interference with the execution of official duties, etc., and the judgment became final and conclusive on June 1, 2016.

[Criminal facts]

1. On March 15, 2016, the Defendant obstructed the management of the victim’s main points by force for about one hour until the police officer is dispatched, by making a disturbance, such as drinking, giving a large amount of sound to the victim F, who is an employee, and making a payment to other customers, despite the existence of other customers at the “E” main points operated by D, Nam-gu, Ulsan-gu, Ulsan-gu, Seoul, and Ulsan-gu, Seoul, the Defendant obstructed the management of the victim’s main points by force.

2. At around 03:55 on the same day as indicated in paragraph 1, the Defendant was investigated as a person suspected of having committed fraud and interference with business at the Ulsan Southern Police Station type and the third team office, the Defendant forged the Defendant’s signature by stating that “G” is “G” in the column of the statement in the suspect interrogation protocol without authority for the purpose of exercising the investigation by deceiving the personal information of his/her own as if he/she was his/her personal information, for the purpose of hiding the fact suspected of having committed fraud and interference with business. In other words, at the seat, the Defendant used the forged signature by stating that “G” was “G” in the column of the statement in the suspect interrogation protocol without authority, and exercised it as if he/she had actually prepared the forged signature with the above-mentioned square and its affiliated guards as if he/she had a genuine signature.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. An investigation report (in cases of attaching an invoice, etc.);

1. Suspect interrogation records in the name of G (26 pages of investigation records);

1. Previous convictions: Application of a reply to inquiry, such as criminal history, report on investigation (the confirmation of the judgment of the same type of crime and report thereon);

1. Relevant legal provisions and the choice of punishment for a crime: Imprisonment with prison labor for a crime under Article 314(1) of the Criminal Act (the point of interference with business), Article 239(1) of the Criminal Act (the point of Article 239’s signature), Article 239(2) and (1) of the Criminal Act (the point of exercising the above investigation signature), and Article 314(1) of the Criminal Act;

1. Concurrent treatment: After Article 37 of the Criminal Act, Article 39 (1);

1. Aggravation of concurrent crimes: Criminal Act;