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(영문) 인천지방법원 2014.08.22 2014고단4668
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 6, 2014, at around 22:20 on July 6, 2014, the Defendant: (a) found “E” convenience points managed by the victim D (num, 19 years of age) located in Jung-gu Incheon Metropolitan City C; and (b) made the victim a large sound, “I will commit suicide if I want to keep the phone number. I will commit suicide.”

The Defendant told the victim to return home without contact address, and interfered with the victim’s above convenience store business by force for about 20 minutes, such as referring to the large sound from the above convenience store to other customers entering the above convenience store.

2. On July 6, 2014, at the above convenience store around 23:40, the Defendant: (a) sought again to return home from the police officer G belonging to the F District Unit of the Incheon Jung-gu Police Station, which was called out after receiving the notification of D 112 from the above Do, among the above Does where the Defendant frighted the frightt, and (b) made the said G to the end of the said G, the Defendant frighted to the large voice, stating, “I will am frightt?? I will write down the flash?? I will write down the flash??? I will write down the flash?? I will write down the side fright portion of the said G at one time, walking the flash part.”

Accordingly, the Defendant interfered with legitimate execution of duties concerning the maintenance of order in the above G G.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning G and D;

1. Written statements of D;

1. Application of photographs, photographs, ctv statutes;

1. Relevant Article 314(1) of the Criminal Act, Article 136(1) of the Criminal Act and Article 136 of the Criminal Act and the choice of imprisonment for 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 under Article 62 (1) of the Criminal Act (see, e.g., the fact that the error of self-defense is recognized and reflected, and that there exists an agreement with the victim

1. The defendant and his/her defense counsel regarding the assertion of the defendant and his/her defense counsel under Article 62-2 of the Criminal Act regarding the order to provide community service and attend lectures.

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