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(영문) 인천지방법원 2016.01.21 2015고단7557

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 24, 2015, the Defendant: (a) sent back the back door door knifeed from D main points located in Nam-gu Incheon Metropolitan City, Nam-gu, by force; and (b) issued cash receipts for the past three years to victims E (V, 46 years of age) who were operating his/her business by entering the place of business; (c) repeating the desire to “Sero ero ero fero fero fero fero fero fero fero fero fero fero fero fero fero fero fero fero fero fero fero fero fero fero fero fero fero fero fero feb fero fero fe fero fero fe fe fero fero fe fero fe.

2. In the event that the Defendant was arrested and detained in the act of committing a crime under suspicion of interference with the duties as referred to in paragraph (1) at the G District Office located in the Namdong-gu Incheon Metropolitan City, on August 25, 2015, at around 00:05, the Defendant was arrested and detained in the act of interference with the duties as referred to in paragraph (1) at the G District Office located in the Nam-gu, Incheon, Nam-gu, Incheon, and the victim I (34 tax) from among other police officers in the vicinity, E and H et al.

C. By openly referring to the desire of the Central Central Central Republic Republic Republic of Korea, the head of the Central Central Central Republic Republic Republic of Korea, to “The Republic of Korea Central Republic of Korea,” thereby insulting the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to E and I;

1. Article 314 (1) of the Criminal Act (the point of interference with business) and Article 311 of the Criminal Act concerning the facts constituting an offense;

1. Selection of each sentence of imprisonment;

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

1. Article 62 (1) of the Criminal Act on the suspended execution (Consideration of crimes and the fact that an agreement is reached with victims E);

1. Protective observation and community service order under Article 62-2 of the Criminal Act;