2013 Highest 1591 (a) Business obstruction

B. Performance of official duties

1.0 (65 - 1), building business

Seoul Residence

Seoul basic domicile

2. Stambling0 (58 - 1), construction business;

Seoul Residence

Jeonnam of the original domicile

(Court) The court shall have jurisdiction over the place of public trial) and the court shall have jurisdiction over the place of

July 3, 2013

Defendant 00 shall be punished by imprisonment with prison labor for six months, by a fine of two thousand won, and by a fine of two thousand won. Defendant 00 does not pay the above fine, the period calculated by converting 50,000 won into one day shall be confined in a workhouse.

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

To order the defendant 00 to provide community service for 80 hours.

Criminal facts

1. Interference with business;

On April 22, 2013: (a) around 20:20, the Defendants conspired and interfered with the victim’s main business by force between approximately 40 minutes, and interfered with the victim’s main business by force. (b) around 20 minutes, the Defendants were under the influence of alcohol at the main point of “A” in the operation of Yangcheon-gu Seoul Metropolitan Government * (f5 years old).

2. Performance of official duties;

Defendant 00, in collusion with the Defendants, expressed that the police box of the Seoul Yangcheon Police Station, which was dispatched after receiving a report at the above time and at the above place, was shot in order to confirm the facts, and Defendant 1 expressed that he was shot, shot, shot, and shot, who would flap the above 00-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out

Summary of Evidence

1. Defendants’ respective legal statements

1. An interrogation protocol of the defendant 00 by the prosecutor;

1. Statement made by the police with regard to error00;

1. Each statement;

1. On-site photographs;

Application of Statutes

1. Relevant Act on Criminal Facts (the Defendants)

Articles 314(1), 30 (Crimes of Obstruction of Duties), 136(1), and 30 of the Criminal Act (Crimes of Obstruction of Performance of Duties)

1. Selection of punishment;

- Defendant 00: The defendant has several times of force of violence, and in particular, on April 14, 2005, the Seoul Southern District Court sentenced a fine of two million won for the crime of obstruction of performance of official duties, etc., and on March 2, 2011, the same court issued a summary order of three million won for the crime of obstruction of performance of official duties, etc.

- Defendant 00: Selection of fine

1. The Defendants among concurrent crimes (the Defendants)

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Detention in a workhouse (Defendant 00);

Articles 70 and 69(2) of the Criminal Act

1. Suspension of execution (Defendant 100);

Article 62 (1) of the Criminal Code (Consideration of the fact that the defendant is against his/her own mistake, the victim* an agreement with *, the fact that he/she has no record of punishment of imprisonment without labor or more severe punishment)

1. Social service order (Defendant 100);

Article 62-2 of the Criminal Act

It is so decided as per Disposition for the above reasons.

Judges Park fixed-term