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(영문) 서울남부지방법원 2014.12.22 2014고단4547

업무방해등

Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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 October 16, 2014, the Defendant interfered with business: (a) around 23:30 on October 16, 2014, the Defendant: (b) told the Defendant under the influence of the victim “Dcafeteria” operated by the Victim C (A, who is 49 years of age) in Yeongdeungpo-gu Seoul, that the victim took a large amount of alcohol; (c) took the victim’s bath to the Defendant; (d) laid down the soft and Pamplet on the floor; and (d) laid down the soft and Pamplet on the floor; and (e) took the 1 hour and 30 minutes of the Defendant’s hacks to get the customers in the said restaurant, thereby interfering with the victim’s restaurant business by force.

2. On October 16, 2014, at around 01:02, the Defendant obstructed legitimate performance of duties by assaulting the police officer’s face to the above G, etc., with a view to arresting the Defendant as an offender in the act of interference with his duties, including, but not limited to, the police officer in the Yeongdeungpo Military Police Station E box at the Yeongdeungpo Military Police Station, which was dispatched after receiving a report of 112 regarding interference with duties at the above “Dcafeteria,” and the above G, etc., who attempted to arrest the Defendant as an offender in the act of interference with his duties.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C, F, and G;

1. Application of Acts and subordinate statutes to on-site reports;

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

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

1. It is so decided as per Disposition on the grounds of not less than Article 62 (1) of the Criminal Act (the confession of a criminal act and the depth of a mistake is divided, the previous fact does not exist, and all other circumstances such as motive, circumstance, etc.).