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(영문) 수원지방법원 안양지원 2013.08.20 2013고단887

업무방해등

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On October 10, 2012, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (collective, deadly weapons, etc.) in the Suwon District Court’s Ansan Branch on October 10, 201, and completed the execution of the sentence in the Ansan Prison on April 27, 2013.

1. On July 20, 2013, at around 22:10 on July 20, 2013, the Defendant obstructed the Defendant’s business operation of the said bar business by force by avoiding disturbance, such as the victim’s “Eju shop” operated by the victim D with the 7th floor of the Sinpo City C building, seeking to recover the place of drinking at another place immediately preceding the said place to make a request for a more drinking. Moreover, the Defendant did not put the said main point to the customers who had drinking alcohol at that place, and the customers who had drinking alcohol at that place were able to do so.

2. The Defendant obstructed the police officer’s legitimate execution of duties concerning the handling of 112 declarations by assaulting, such as spiting, spiting, and shacking the face of G spits belonging to the F District of the Military Police Station F District, which was dispatched after receiving a report of 112 at the time and place specified in paragraph (1).

3. In a case where a victim H, a slope belonging to the F District Unit of the Military Police Station, who was dispatched after receiving a report of 112 at the date and time as indicated in paragraph (1), and at the place, prevented the Defendant from committing the act as described in paragraph (2), the Defendant publicly insultingd the victim in the presence of the customer by saying, “A victim, who is an assistant belonging to the F District Unit of the Military Police Station, is in accordance with the outline of the Defendant.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement related to H, G, and D;

1. The chief of the complaint, damage photographs;

1. Previous convictions indicated in judgment: Criminal records, investigation reports (pre-offenders, disqualifications for suspension of execution and attachment of judgment), and application of Acts and subordinate statutes of inquiry into the status of repairs;

1. Relevant Article 314(1) of the Criminal Act, Article 311 of the Criminal Act, Article 311 of the Criminal Act, and Article 136 of the Criminal Act concerning criminal facts.