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(영문) 창원지방법원 2013.11.01 2013고단1773

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 June 9, 2013, the Defendant: (a) around 08:10 on June 9, 2013, the damage of property and interference with the business of the Defendant: (b) committed verbal abuse, such as 30 minutes in which the victim was unable to smokes without treating credit; and (c) obstructed the victim’s restaurant business by force. The Defendant: (a) obstructed the victim’s restaurant business by taking advantage of verbal abuse, such as sprinking, killing, opening, etc.; (b) broken down the sprink, sprinking the sprink, leaving the sprink, leaving the sprink, leaving the sprink on the floor; and (c) interfered with the victim’s restaurant business by force.

2. On June 9, 2013, the Defendant received a report at around 08:50 on June 9, 2013, and sent it to the said restaurant, and confirmed the fact of damage against the said D, the Defendant Daced to the slope G belonging to the F District District of the Kim Sea Police Station in the Kim Jong-gu Police Station, Kim Jong-gu, who confirmed the fact of damage against the said D, and obstructed the police officer’s legitimate execution of duties in relation to the criminal investigation by assaulting him, such as “I Da if he was the police responsible for the mistake of internal duties.”

Summary of Evidence

1. Court statement of the defendant (the second court date);

1. Application of each police protocol of statement to D and G

1. Relevant Article 366 of the Criminal Act, the choice of punishment for the crime, Article 366 of the Criminal Act, Article 314 (1) of the Criminal Act, Article 136 (1) of the Criminal Act, Article 136 (1) of the Criminal Act, and the choice of imprisonment, respectively;

2. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

3. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing).

4. The reason for sentencing under Article 62-2 of the Probation Criminal Act is that the defendant not only damaged another person's property and interfered with another person's business by force, but also violence to the police officer dispatched to the site and obstructing the execution of official duties, etc., and that there is a record of punishment several times for the same kind of crime in the past, etc., the defendant requires a strict punishment against the defendant.