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(영문) 인천지방법원 2015.04.29 2015고단693
업무방해등
Text

A defendant shall be punished by imprisonment for four 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. Around 01:30 on January 19, 2015, the Defendant interfered with business operation: (a) sought in Esing rooms operated by D with D in Bupyeong-gu, Incheon, Bupyeong-gu, Incheon; (b) “I am in person with president” and “I am in person with president” and “I am in person with the victim G, who is an employee victim F and D,” and “I am in person with the victim’s desire to leave; and (c) interfered with the victim’s singing management by force by force, such as avoiding tobacco and taking a desire to escape; and (d) interference with the passage of customers.

2. At around 01:50 on January 19, 2015, the Defendant: (a) expressed to the slope belonging to the H District District of the Incheon Samsan Police Station, which was called “I do not do so; (b) Hashe would do so; (c) I’s breast part of the chest was taken as head; and (d) I would like to walk the I’s back part of the back, and interfere with I’s legitimate performance of duties concerning the handling of reporting duties by assaulting police officers I, such as I’s 112.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to G and I;

1. Application of the CCTV closure data Acts and subordinate statutes at the time of committing a crime;

1. Relevant Article 314(1) of the Criminal Act, Article 136(1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

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

1. Article 62 (1) of the Criminal Act;

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act is a case that interferes with the performance of official duties while assaulting the victim, such as obstructing the victim's work and walking the police officer dispatched after receiving a report, etc., and thereby obstructing the performance of official duties. It is sentenced to imprisonment as ordered by the order that the attitude of the crime is active and criminal.

However, the defendant has no record of criminal punishment, and it seriously reflects the victim's agreement with the victim of the obstruction of business, and the victims of the obstruction of business do not want to be punished by the defendant.

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