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(영문) 인천지방법원 2020.01.30 2019고단9599
업무방해등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. At around 04:40 on October 16, 2019, the Defendant interfered with the business of the victim’s convenience store business by force, such as breathing the “D convenience store” located in the Nam-gu Incheon Metropolitan City, Nam-gu, Incheon, where the victim B works, and breathing the victim’s and other customers to disregard himself. As such, the Defendant interfered with the victim’s convenience store business by force.

2. On October 16, 2019, the Defendant obstructed the police officer’s legitimate performance of duties by assaulting the victim G, a police officer, against a defect that the victim G, attempted to unsatisfe the Defendant’s clothes, and thereby obstructing the police officer’s legitimate performance of duties.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. B written statements;

1. 112 Notification to the reporting-related department;

1. Application of Acts and subordinate statutes on investigation reports (CCTV reading and CD filing);

1. Relevant Article 314(1) of the Criminal Act, Article 136(1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

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

1. Article 62 (1) of the Criminal Act (including the fact that a suspended sentence is recognized and reflected, and there is no criminal record exceeding the previous conviction or fine);

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