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(영문) 수원지방법원 성남지원 2017.06.30 2016고단227 (1)

업무방해등

Text

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

However, the execution of the above sentence 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 November 6, 2015, the Defendant: (a) obstructed the victim’s main business by force by force, such as leaving the instant World Cups, bottles, etc. on the part of demanding the calculation of the drinking value on the ground that: (b) around 01:2, Seongbuk-gu, Sungnam-si, Sungnam-si, the Defendant did not calculate in the “D main points”; and (c) obstructed the victim’s main business operations by force, such as avoiding the disturbance by using the instant World Cups, bottles, etc. on the part of the owner; and (d) demanding the calculation of the drinking value.

2. The Defendant, at the same time and place, assaulted the victim, such as booming the victim’s fat, fating the fat, who was a customer in the business place, and fating the victim’s fat, with respect to the above fating act.

3. Around 01:45 on the same day, the Defendant: (a) was arrested in flagrant offender on suspicion of interference with the above duties, etc. at the Howon-gu Police Station H District located in Seongbuk-gu, Seongbuk-gu, Sungwon-gu; (b) and (c) obstructed the police officer’s legitimate performance of duties in relation to the police officer’s prevention and suppression of crimes by assaulting a slope I’s arms to walk back one time after he was arrested in a flagrant offender on charges of interference with the above duties; and (c) then, (d) he was frightened by a slope I with his arms, and then returned back to the police.

4. When the Defendant and the J, in violation of the Punishment of Violences, etc. Act (joint assault) are in the same date, time, and place as described in paragraph (1) of Article 1, and the Defendant was in the custody of the victim K (54 tax) who had been a guest in the place of business when booming the disturbance, and when she was in the custody of the victim, whether the Defendant interfered with the boom

The breath of the victim's balth and balth of the victim's balth, and J also balth of the victim's balth of balth.

Accordingly, the defendant and J jointly assaulted the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E, K, F, and I;

1. Application of Acts and subordinate statutes, such as field photographs and receipts;

1. Relevant Article 314(1) of the Criminal Act, Article 314(1) of the Criminal Act (the point of interference with business), Article 260(1) of the Criminal Act (the point of violence), Article 136(1) of the Criminal Act (the point of interference with the performance of official duties) and the Gu.