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(영문) 서울남부지방법원 2014.11.26 2014고단2274

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

1. On May 31, 2014, the Defendant: (a) around 18:20 on May 31, 2014, at the “D convenience store” located in Geumcheon-gu Seoul, Geumcheon-gu, Seoul, demanded the victim to return the bus card deposit to the victim who received a request to return the bus card deposit without giving the victim E any money to be charged with the bus card while being drunk.

When the victim solicits the Defendant to view the return of bus card deposit as another convenience store, the Defendant interfered with the victim's convenience store business activities by force by force, such as: (a) when the victim was discovered to the police officer who was dispatched after receiving the 112 report that “I will not leave the place of the stop, the name of the camping-man will not leave the place of the stop; and (b) the police officer who was dispatched after receiving the 112 report, was found to have been sentenced to a fine on the front of the convenience store calculation point.

2. The Defendant continued to flee in the course of arresting a flagrant offender at the above date, time, and place, and obstructed legitimate execution of official duties regarding suppression and prevention of crimes, such as: (a) the Inspector F’s tension with the Defendant by suppressing the Defendant; and (b) the injury of the days of treatment to the said F; and (c) the head of the relevant F’s f’s f’s f’s f’s f’s f’

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the defendant by prosecution;

1. Statement of the police;

1. E statements;

1. Application of Acts and subordinate statutes to photographs of damaged wife;

1. Article 314 (1) of the Criminal Act applicable to the relevant criminal facts and Article 136 (1) of the Criminal Act (the point of obstruction of performance of official duties);

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order: Type 1 (Scope of Recommendation) of the obstruction of performance of official duties (Obstruction of Performance of Official Duties and Forced Performance of Duties) of the basic area (6 to 1 year and 4 months) of the same Article (Decision of Sentence 1) of the same Act;

1. The crime of interference with business without sentencing guidelines shall also be included.