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(영문) 서울남부지방법원 2015.12.17 2015고단4397

업무방해등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. On September 16, 2015, the Defendant interfered with business, at the main point of “C” located in Yangcheon-gu Seoul Metropolitan Government on September 16, 2015, the Defendant, while drinking together with his wife, had the wife and the horse dispute while drinking together with his wife, had the customer reduced the beer and frighted so as to have the beer knick.

Accordingly, the victim D, who runs the above main points, told the defendant that the defendant "do not interfered with other customers, but too much," and the defendant interfered with the victim's bar business by force. The defendant interfered with the victim's bar business by force.

2. On September 16, 2015, the Defendant heard the horses from the police officers other than F and one police officer of the E-district of the Yangcheon Police Station E zone, who was called for 112 on September 16, 2015, stating that “I am home and home and home and home and home,” and that “I am home and am home and home, I am f’s chest 5 to 6 cm with the Defendant’s chest in hand, and continued to appeal the Defendant.”

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the control of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement concerning G and F;

1. Application of Acts and subordinate statutes of D;

1. Obstruction of business under Article 314 (1) of the Criminal Act concerning the relevant criminal facts;

In this regard, Article 136(1) of the Criminal Act (amended by imprisonment)

U.S. Imprisonment

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

1. Reasons for the sentencing of Article 62(1) of the Criminal Act [Scope of Recommendation] 1] Interference with business: [Type 1] interference with business: June to June 2] The basic area of obstruction of performance of official duties [Type 1] interference with the performance of official duties: June to April.