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(영문) 서울중앙지방법원 2017.07.06 2017고단2063
업무방해등
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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. Around 00:00 on March 20, 2017, the Defendant interfered with the victim’s main shop business by force by avoiding disturbance for about 35 minutes, such as: (a) referring to “E” operated by Gwanak-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City C and 2 victims D; and (b) threatening other customers to take her hand, and threatening them to take her hand; and (c) hump the victim who took her at a large interest, she interfered with the victim’s main shop business by force.

2. At around 00:40 on March 20, 2017, the Defendant interfered with the performance of official duties: (a) on the road front of the instant main shop “Is a guest who fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright

The expression "to throw away the dog," and appears to have an attitude to see extending to the face of G, whether it is an unfolding part of the shoulder of H, a police officer belonging to the Seoul Geumcheon Police Station, Geumcheon Police Station, Seoul, to restrain it, and "I write a warning to the governance of this new,"

Chewing sprink, which was used by H, was assaulted, such as sprinkling the sprinks used by him/her as his/her hand.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol with respect to G and H;

1. Written statements prepared in D;

1. On-site dispatch reports;

1. Application of Acts and subordinate statutes to report on investigation (victim D Telephone Investigation);

1. Article 314 (1) of the Criminal Act (the point of interference with business) and Article 136 (1) of the Criminal Act concerning facts constituting an offense;

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 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order is the same.

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