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(영문) 청주지방법원 충주지원 2016.04.08 2015고단595

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

Reasons

Punishment of the crime

1. On November 25, 2015, from around 20:30 to around 21:10, the Defendant: (a) took a bath to some customers at the D’ D’ restaurant operated by the Victim C in Chungcheongbuk-si; (b) took part of customers’ title as hand; (c) took part of his/her employees E face to stop it once a week; (d) took money on the restaurant floor; and (e) prevented the Defendant from carrying out a restaurant business, such as putting the driver’s plaque on the restaurant floor, such as “d” with the large amount of money.

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

2. On November 25, 2015, at the same place as Paragraph 1 of Paragraph 1, around November 25, 2015, the Defendant, who obstructed the performance of official duties, listened to the words, “I do not have any money within the country,” referring to the phrase, “I do not have any money,” who is going back to the house, after receiving a report from the G circumstances belonging to the F District Unit of the Chungcheong Police Station of the Chungcheongbuk-gu, Happing Police Station.

Does it go to the House

As "", the above G was carried with her hand on the bridge and continued to walk his left bridge once.

Accordingly, the defendant assaulted the above G and interfered with the legitimate execution of duties by police officers on the prevention of crimes, etc.

1. Statement by the defendant in court;

1. Application of statutes on police statements made to G, C, and E;

1. Relevant Article 314(1) of the Criminal Act, Article 314(1) of the Criminal Act (the point of interference with business), Article 136(1) of the Criminal Act (the point of interference with the performance of public duties) and the choice of imprisonment for each crime;

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 suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Application of the sentencing criteria;

(a) Interference with the performance of official duties [Determinations] There is no person who has been involved in a crime interfering with the performance of official duties, interference with the performance of official duties, one type (Interference with the performance of official duties and coercion of duties] (the scope of decisions and sentences of recommendations in the recommended sphere] (the scope of decisions and recommendations in the recommended sphere), six months to one year and four months;

(b) interference with business affairs (decision of type) interference with business affairs, interference with business affairs (special sentencing factors).