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(영문) 인천지방법원 부천지원 2014.01.24 2013고단3324
업무방해등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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. Around 01:00 on April 24, 2013, the Defendant obstructed the victim’s musical business by force for about 20 minutes of the victim’s musical business, such as following: (a) the Defendant: (b) demanded the victim to enter the victim’s “Esing room” in the “Esing room” operated by the Plaintiff, Young-si, Young-si; (c) on the ground that the female refused to do so; (d) the Defendant committed an act of selling alcohol to the police; (d) “I would bring an accusation against the police; and (e) I will go against the funeral service; and (e) I would go against the victim’s musical business by force.

2. On April 24, 2013, the Defendant: (a) around 03:40 on April 24, 2013, and around 03:40, the Defendant was investigated by the suspect on the criminal charge of the Busan High Police Station and the act of interference with business as described in the preceding paragraph within the Criminal Team’s office, which was located in 1105, Seocheon-si, Seocheon-si; (b) and (c) was aware that he was under suspicion of his own ties, and was investigated as if he was F.

Since then, the defendant, without authority, signed as F at the end of the interrogation protocol which was examined by himself and forged his signature by means of an unmanned seal.

3. The Defendant, at the time, and at the place specified in the preceding paragraph, issued the protocol of interrogation of a suspect prepared as if the signature was duly formed, to the assistant G belonging to the above subsidiary, 1,000 U.S. police station, and exercised it.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police investigation of suspect with regard to F;

1. Application of Acts and subordinate statutes concerning D police statements;

1. Relevant Article 314 (1) of the Criminal Act and Article 314 (1) of the Criminal Act (the point of interference with business and the choice of imprisonment), Article 239 (1) of the Criminal Act (the point of private signature) and Article 239 (2) and (1) of the Criminal Act concerning the crime;

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

1. Suspension of execution of the crime of this case under Article 62(1) of the Criminal Act

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