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(영문) 서울동부지방법원 2015.07.09 2014고단3585

업무방해등

Text

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

The Defendant: (a) taken over “Esing” in Songpa-gu Seoul, Songpa-gu, Seoul; and (b) demanded the Victim F (F) who was in normal business operation to pay money to the Defendant; (c) demanded the Defendant to pay money to the Defendant; (d) however, the Defendant was able to have the Victim F, who did not comply with the demand.

On August 20, 2014, the Defendant filed a false report with a police officer for the purpose of having him/her visit the singing room although he/she did not sell alcoholic beverages or provide a service loan in the singing room and did not enter the minors, on August 20, 2014, the Defendant filed a false report with the 112 Report Center to the effect that “The Defendant is going to sell and sell alcoholic beverages by employing them in the singing room, and the minors are entering the said room.” The Defendant sent a false report to the Seoul Transmission Police Station G District G District, H, I, etc., which believed to be true, to search the inside the singing room to confirm the reported details by sending the message to the singing room and let the above guests enter the said place in order to prevent them from visiting the said report by means of the above 13 methods as shown in the annexed crime list between September 15, 2014 and September 15, 2014.

Accordingly, the defendant interfered with the legitimate performance of duties by police officers on handling 112 reports by fraudulent means, and interfered with the victim's singing room business.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A detailed statement on processing reported cases;

1. Application of the Act and subordinate statutes on CDs recording the 112 Declarations;

1. Relevant Article 137 of the Criminal Act concerning the crime and the choice of punishment, respectively, Article 137 of the Criminal Act.

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