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(영문) 부산지방법원 서부지원 2017.11.13 2017고단977

업무방해등

Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Criminal facts

1. On May 13, 2017, from around 03:03 to around 03:20 the same day, the Defendant interfered with the victim’s maternal business by force for about 17 minutes, by allowing customers who had entered the scene to leave the room and walk the door of the guest room without any particular reason, from around 03:03 to around 03:20 of the same day.

2. Counterfeiting a private signature and exercising a signature on the investigation;

A. On May 13, 2017, at around 03:40, the Defendant: (a) arrested as a current criminal of interference with the duties listed in paragraph (1); and (b) prepared a written confirmation at the Busan City Office of the Busan City Police Station (F) Police Station (hereinafter referred to as the “H”) to verify whether he/she was given an opportunity to defend himself/herself after being notified of the gist, etc. of the suspected facts during the arrest process; (c) forged the Defendant’s name, “H,” written in the said written confirmation, and submitted the said written confirmation to the head of the police station; and (d) exercised H’s signature forged.

B. On May 13, 2017, the Defendant, as the superintendent of the Busan High School on May 13, 2017, forged H’s signature by stating “H” in the column of the statement of the suspect interrogation protocol, and submitted the above suspect interrogation protocol to K for the purpose of exercising the duties as stated in paragraph (1) after being examined through interference with the duties as stated in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to a written confirmation or suspect examination protocol;

1. Relevant legal provisions of the Criminal Act, Article 314(1) of the Criminal Act that provides for the choice of punishment for a crime (a point of interference with business, choice of imprisonment), Article 239(1) of the Criminal Act (a) (a point of the signature of the company) and Article 239(2) and (1) of the Criminal Act (a point of exercising the above-mentioned signature)

1. The former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (referring to a violation of the largest business affairs on which punishment is imposed) of the aggravated concurrent crimes;