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(영문) 인천지방법원 2017.09.07 2017고단5655

업무방해등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant interfering with business is a customer who gets on a C-si operated by the victim B.

On June 13, 2017, at around 23:35, the Defendant took a bath to the victim by, without any justifiable reason, putting the victim in the above taxi parked on the road of “the first apartment of New Seoul,” which was stopped on the road of Gyeyang-gu, Incheon, Incheon, 744, and prevented the victim from running the taxi by avoiding disturbance between about 15 minutes, such as the first doctor and the door of the above taxi, by turning the victim into several times.

Accordingly, the defendant interfered with the victim's taxi business by force.

2. On June 13, 2017, at the place indicated in paragraph 1 around 23:51 on June 13, 2017, the Defendant: (a) was asked to ask questions to E concerning the circumstances of the case sent to the site after receiving a report from 112 and being asked from E in the circumstances belonging to the Incheon Gyeyang Police Station D District; and (b) sought to go back to E.

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Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning the prevention, suppression, investigation, etc. of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. A written statement in B and G;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 314(1) of the Criminal Act applicable to the facts constituting an offense; Article 136(1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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 stay of execution (The following grounds for sentencing);

1. The grounds for sentencing under Article 62-2 of the Criminal Act for the observation of protection and the order to provide community service and attend lectures, 【Scope of the revised punishment in accordance with the standards for handling multiple crimes】 [1 year or longer] basic crimes (Interference with the execution of official duties): the aggravated area of Category 1.