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(영문) 창원지방법원 2017.10.18 2017고단1775
업무방해등
Text

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

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

Reasons

Punishment of the crime

1. On March 20, 2017, the Defendant: (a) around 23:05, in the “E main store” operated by the victim D in Kimhae-si, Kim Jong-si; (b) on the ground that the victim who suffered the Defendant’s wallets paid the payment by means of a card other than the card he thought by the Defendant; (c) on the part of the victim, the Defendant expressed that “I would like to have calculated the card by means of the card of why he was not the internal card; (d) I would like to make this Chewing; and (e) I would like to use the beer’s disease on the part of the customer; and (e) on the part of the deceased.

“ ......... ........ ................

Accordingly, the Defendant interfered with the victim's main business by force over about 30 minutes.

2. The Defendant interfered with the performance of official duties at around 23:40 on the same day as indicated in paragraph 1, at the same place as indicated in paragraph 1, and at around 23:40 on the same day, on the ground that G officer belonging to the F District Unit of the Kimhae-gu Police Station, who called out after receiving a report of 112 that the Defendant avoided the disturbance, prevented G from leaving his chest in his hand three times, and her face to take a slope to take aboard the patrol vehicle one time.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers concerning 112 reporting handling duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D and H;

1. Relevant legal provisions of the Criminal Act, Article 314(1) of the Criminal Act (the point of interference with business), Article 136(1) of the Criminal Act (the point of interference with the performance of official duties) and the choice of imprisonment with prison labor for the crime;

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. The reason for sentencing under Article 62(1) of the Criminal Act in the suspension of execution is that the Defendant is not guilty of such crimes as: (a) having committed three criminal offenses committed violent crimes (one time of suspension of execution and two times of fines); (b) having committed two police officers, or obstructing the performance of official duties by committing such crimes.

However, the defendant acknowledges and reflects the crime of this case, there is no criminal punishment for the last ten years, and it is the victim of the crime interfering with business.

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