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(영문) 수원지방법원 안산지원 2019.05.30 2019고단557

업무방해등

Text

Defendant

A shall be punished by imprisonment with prison labor for ten months, and imprisonment with prison labor for six months.

, however, from the date this judgment becomes final.

Reasons

Punishment of the crime

1. The Defendants’ co-principal

A. On November 24, 2018, Defendants in violation of the Punishment of Violences, etc. Act (joint assault) tried to listen to the victim E (year 44) who was taking meals at a 'D' restaurant located at the 'D' restaurant located at the C2nd floor in the Gambling Ma-gu, Gyeonggi-do, and tried to listen to the end that he would be able to get early from the victim E (year 44). Defendant A took the bath and face of the victim on several occasions, and Defendant B took the face of the victim on several occasions by drinking.

Accordingly, the Defendants jointly assaulted the victim.

B. As referred to in paragraph (1), the Defendants were unable to avoid disturbance for about 20 minutes, such as causing customers to leave the said restaurant, and destroying signboards in front of the restaurant, at the “D” restaurant operated by the victim F (n, 60 years of age).

As a result, the Defendants conspired with and by force interfered with the victim's restaurant business.

2. Defendant A, on the date and time set forth in paragraph (1), and at the same place, after receiving a report on the disturbance, carried out the chests of G District G District G District of the Gyeonggi Mine Police Station, which was called out by Defendant A, in his hand, sealed the chests of G District G District G District, and flaps.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers concerning 112 report handling duties.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of each police statement of E and H;

1. Application of F’s written Acts and subordinate statutes;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Article 2(2)1 of the Punishment of Violences, etc. Act, Article 260(1) of the Criminal Act, Articles 314(1) and 30 of the Criminal Act, Article 136(1) of the Criminal Act, and Article 136(1) of the Criminal Act, each choice of imprisonment with prison labor

B. Defendant B: Article 2(2)1 of the Punishment of Violences, etc. Act, Article 260(1) of the Criminal Act (a point of joint assault), Articles 314(1) and 30 of the Criminal Act (a point of interference with business) and each decision of imprisonment.