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(영문) 전주지방법원 군산지원 2015.05.01 2014고단1318

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

Reasons

Punishment of the crime

1. On October 23, 2014, the Defendant interfered with business: (a) around 21:20 on October 23, 2014, at D main points operated by the victim C in Gunsan-si B, that the victim reported to the effect that “the victim would pay the drinking value” or “the victim would not have any drinking value.” (b) The Defendant obstructed the victim’s main duties by force by avoiding disturbances between about 20 minutes, i.e., e., destroying three chairs in the said main points by hand to the floor, thereby obstructing customers from entering the main points.

2. At around 21:45 on the same day as Paragraph (1) of this Article, the Defendant assaulted the police officer, such as: (a) “F and G, a police officer affiliated with the Gun Military Police Station Escopic Police Station Escopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic sc

3. The Defendant insultd the victims by openly exposing the victim F, the police officer called “F,” and the victim G, who was dispatched for the foregoing reasons on the same date, time, place, and for the foregoing reasons, in the presence of the said C and the said customers.”

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement concerning C, G, and F;

1. On-site photographs;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 314 (1) of the Criminal Act applicable to the facts constituting an offense, Article 136 (1) of the Criminal Act, Article 311 of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Mutual Crimes of Obstruction of Performance of Official Duties, and Mutual Crimes of insult);

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (Aggravation of concurrent crimes with punishment prescribed by the most severe crime of interference with business);

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order Article 62-2 of the Criminal Act shall be provided once the chest of police officers G.