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(영문) 서울중앙지방법원 2012.11.27 2012고단5639

업무방해등

Text

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

Of the facts charged of this case, the prosecution against assault is dismissed.

Reasons

Punishment of the crime

1. On October 14, 2012, around 01:45, the Defendant interfered with the business, while towing bicycles at the site of road packaging construction works of the victim D Construction Company located in Jung-gu Seoul Special Metropolitan City, the Defendant: (a) instructed the victim’s body of the victim’s company, who is working at the same site, to “whether the construction permission is granted or not” the victim’s body of the victim’s company, who is going through the victim’s road safety signs, and carried a bicycle for about 30 minutes, such as putting the bicycle on the front of the crushing, thereby preventing the above road packing construction work.

Accordingly, the Defendant interfered with the victim's road packaging work by force.

2. On October 14, 2012, at around 02:20 on October 14, 2012, the Defendant was in charge of obstruction of performance of official duties, and the Defendant was in charge of arresting the Defendant as a flagrant offender, such as obstruction of performance of duties and assault. The Defendant was in charge of obstruction of performance of official duties, and was in charge of the Defendant’s chest, with the Defendant’s feet by hand, f, a slope belonging to the E district unit, who was dispatched upon receipt of a report, and attempted to arrest the Defendant as a flagrant offender, such as obstruction of duties and assault.

Then, after the Defendant was fluened in the above Edistrict, the Defendant: “F knb knex knex knex knex knbbbb; and f, upon receiving the raw water from the head on the side of the driver’s knb knb knb knb knb knb knb; f., f., f., f., f., f., f., f.

Accordingly, the defendant interfered with the legitimate execution of duties concerning F's arrest of flagrant offenders who are police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of police statement concerning G and F;

1. Application of Acts and subordinate statutes to investigation reports (influences about how to commit violence, time to interfere with business, etc.);

1. Relevant Article 314(1) of the Criminal Act, Article 136(1) of the Criminal Act, and the choice of imprisonment with prison labor for the crime

1. Of concurrent crimes, the part concerning the dismissal of prosecution under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act