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(영문) 서울동부지방법원 2015.04.29 2015고단68
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 became final and conclusive.

Reasons

Punishment of the crime

1. On January 3, 2015, at around 20:30 on January 3, 2015, the Defendant: (a) expressed the victim’s convenience store operated by the victim D in Songpa-gu Seoul Metropolitan City C building that “in a fluoral flasium in a flasium”; and (b) expressed the victim’s desire to “mam in a flasium in a flasium,” and carried out a disturbance for about 30 minutes, such as throwing away the

Accordingly, the Defendant interfered with the convenience store business of the victim by force.

2. On January 3, 2015, the Defendant at the same place on the same date: (a) around 21:01, the Defendant: (b) reported 112 to the effect that “Neging singing singing singing singing singing sing down the singke; (c) during the course of the police box belonging to the Song-gu Police Station, and the police officer demanded to present identification cards from Habing singing singing down the singings in mind; (d) the singular singlings were the police officer; and (e) the Defendant expressed two times the face of G (5 years of age) who was the victim.

As a result, the Defendant interfered with the legitimate execution of duties by police officers regarding the handling of 112 Reports, and at the same time, the Defendant inflicted an injury on the victim, such as an internal scambling room, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Each police officer's statement about D and G;

1. Photographs, photographs, and photographs;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 314 (1) of the Criminal Act applicable to the relevant criminal facts, Article 136 (1) of the Criminal Act and Article 257 (1) of the Criminal Act concerning the criminal facts;

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

1. Selection of imprisonment with prison labor chosen;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (it shall be comprehensively considered that there is no previous conviction in the same kind after 1993, the degree of violence is not serious, the defendant is against the law, the obstruction of business has been agreed with the victim, the age and circumstances of the crime, etc.);

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