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(영문) 서울서부지방법원 2016.05.25 2016고단598
업무방해등
Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. 업무 방해 피고인은 2016. 2. 20. 22:20 경 서울 용산구 B에 있는 C 호텔 ‘D’ 주점에서 술에 취해 여자 손님들에게 치근 대며 소란을 피운다는 이유로 그 곳 보안요원인 E으로부터 제지를 당하자 화가 나 피해자에게 “ 씨 발 새끼야, 너 나랑 맞짱 뜰래,

On the face of branch, he / she took a bath to "in his/her own," and interfered with the victim F's main store business for about 20 minutes by force, such as having the above club customers grow, and thereby obstructing the victim F's main store business.

2. The Defendant interfered with the performance of official duties at the time and time set forth in paragraph 1, and at the place, reported by 112 that drunk guests scam a scam, and received a penalty payment notice from H on the ground that she recklessly laid away her cigarette butt from the police box belonging to the Seoul Yongsan Police Station G (Seoul), which was called to the site, the Defendant: (a) obstructed the Defendant’s performance of official duties; (b) threatened the Defendant with a penalty payment notice on the ground that she she scam on his hand; (c) she was fleeped to the her hand, she was flick, and she was fleeped to the police officer, and (d) she was faced with the door of I’s right shoulder with the left part of her arms; (c) she was arrested with the current offender who interfered with the performance of official duties and she was on board on the part of the patrol; and (d) she was faced with the door of her car.

Accordingly, the Defendant interfered with the police officer's legitimate execution of duties concerning the handling of the case and the arrest of a flagrant offender.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and I;

1. Application of Acts and subordinate statutes to photographs of damaged parts;

1. Article 314(1) of the Criminal Act applicable to the facts constituting an offense (the point of interference with business) and Article 136(1) of the Criminal Act (the point of interference with the performance of public duties);

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

1. Selection of each sentence of imprisonment;

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

1. Article 62 of the Criminal Act:

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