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(영문) 대전지방법원 서산지원 2014.05.08 2013고단655

업무방해

Text

Defendant

A shall be punished by imprisonment with prison labor for four months, and imprisonment with prison labor for one year and six months.

, however, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 14, 2013, the Defendant violated the Punishment of Violences, etc. (Bodily Injury by Group, etc.) in Defendant B, around 18:30 on April 14, 2013, at F cafeteria operated by the Victim E (A, 54 years of age) and demanded the victim to stop a substitute driver or a 119 first-aid vehicle, but the victim did not comply with the demand. As the Defendant did not comply with the demand, the 119 first-aid vehicle, which is a dangerous object on the table, the victim was faced with the victim, and the right course of the victim’s right course is facing two consecutive main bottles facing the floor where the victim was faced with the victim and the right direction of the victim should be frightened to the right side of the main bottle, thereby causing an injury to the 14-day part of the victim, which requires an open treatment:

2. The Defendants interfered with the duties of the Defendants on the grounds as set forth in the above paragraph (1) at the time, at the place, and on the grounds as set forth in the above paragraph (1), and Defendant A interfered with the instant victim’s restaurant business by force by force, such as having customers in the restaurant, who open the restaurant with approximately 28 minutes of the 28 minutes of the knife, such as having the knife the knife with the knife with the knife with the knife kn

Summary of Evidence

1. Defendants’ legal statement

1. Statement to E by the police;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes on the spot and damaged photographs;

1. Relevant legal provisions concerning criminal facts and the defendant A who has selected a punishment: Articles 314 (1) and 30 of the Criminal Act; Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act; Articles 257 (1) of the Criminal Act; Articles 314 (1) and 30 of the Criminal Act (the point of interfering with business and the choice of imprisonment);

1. Defendant B from among concurrent crimes: former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of summing-up of long-term punishment);

1. Defendant B’s discretionary mitigation: Articles 53 and 55(1)3 of the Criminal Act;

1. Defendants on probation: Article 62(1) of the Criminal Act

1. Defendant B: Article 62-2 of the Criminal Act.