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(영문) 창원지방법원 마산지원 2016.12.06 2016고정408

업무방해등

Text

Defendant shall be punished by a fine of KRW 2,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On September 23, 2012, from around 02:40 to 03:30 of the same day, the Defendant obstructed the victim’s business operation by force by failing to enter the telecom with the victim’s intent by: (a) in the Ecomel operated by the victim D, who was in the Chang Simpo-si, Changpo-si; (b) the Defendant was in a protruding relationship prior to the Defendant’s opening of the phone; and (c) showing the victim’s body in both arms; and (d) stating, “I see, I see, I see, I see, I see, I see, I see, I see, and I see, I see, I see, I see, I see, and I see, I see, I see, I see

2. The Defendant, at the same time and place as set forth in paragraph (1) and publicly insulting the victims by publicly brupting “a Chewing franch within a prison for six years,” among the circumstances where the Fabs of the Maban Police Station, the victims reported on the same ground as set forth in paragraph (1), G, which belongs to the Faba of the Maban Police Station, and D, etc., a slope H.

3. Around 03:55 of the same day as in paragraph (1) of the obstruction of the performance of official duties, the Defendant and I: (a) obstructed the Defendant’s escape at the same place; (b) obstructed the Defendant’s chest by hand; and (c) assaulted the Defendant, her hand, with the antenna installed in the police patrol vehicle, by putting him over his hand and her seat toward H; and (d) assaulted the Defendant by her body, her flaging the h’s body, blocking the Defendant’s front end by keeping him/her away.

The Defendant, in collusion with I, interfered with the legitimate execution of duties concerning H’s control of crime and investigation into the case.

Summary of Evidence

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

1. The police statement of H;

1. Application of the respective laws and regulations of G and J

1. Article 314 (1) of the Criminal Act applicable to the relevant criminal facts, Article 311 of the Criminal Act, and Articles 136 (1) and 30 of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (with respect to the offense of insultment)

1. Selection of each alternative fine for punishment;