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(영문) 서울북부지방법원 2016.12.23 2016고단4917
업무방해등
Text

A defendant shall be punished by imprisonment for one year.

However, 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. At around 12:00 on November 4, 2016, the Defendant interfered with business, without any reason, interfered with the business of the victim’s restaurant at the “D” restaurant of the victim C’s operation located in Gangnam-gu Seoul Metropolitan Government, Gangnam-gu, Seoul. Without any reason, without any reason, the Defendant interfered with the business of the victim’s restaurant business by force by avoiding disturbance, such as growing food and partitions on the table, gathering water diseases, and taking a bath.

2. Performance of official duties;

A. At around 12:15 on the same day, the Defendant was arrested in the act of committing a crime under paragraph (1) of the same Article, and was escorted to the F police box located in Gangnam-gu Seoul Metropolitan Government, Gangnam-gu, and subsequently, the police officer G belonging to the police box, who spits, spits, spits, and sponsed the G’s face in order to control the Defendant by avoiding disturbance even in the police box, and assaulted the police officer H, etc. who belongs to the same police box to control the Defendant.

나. 계속해서 피고인은 같은 날 14:00경 서울 강북구 I에 있는 서울강북 경찰서 J과 사무실에서, 당직 근무 중인 경찰관 K에게 "너 모가지 잘라 버릴 거야. 내가 여기 분명히 불 질러 버리고 짭새 넌 죽여버릴거야.“ 라는 등의 욕설을 하고, 신발을 발에 걸어 K을 향해 2회 날리는 등 폭행하였다.

3. On November 4, 2016, the Defendant assaulted the victim, such as spiting, spiting, etc., in which the victim L(27 years of age) and snow in the atmosphere were bucked in order to undergo an investigation in another case at the J division office of the Seoul Southern Police Station, and the victim was bucking down, etc. of buckbucks once, and the victim was bucked.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of Acts and subordinate statutes to the police statement of H, K, and L;

1. Relevant provisions of the Criminal Act and Articles 314 (1), 136 (1), and 260 (1) of the Criminal Act concerning the selection of the relevant criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Imprisonment with prison labor for choice of punishment;

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

1. Suspension of execution;

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