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(영문) 창원지방법원 통영지원 2016.09.08 2016고단739
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 18, 2016, the Defendant interfered with business: (a) around 19:40, at the 5 Do entertainment bars operated by the Victim C (Y, 46 years of age) in Tong Young-si, the Defendant interfered with the Defendant’s main business by force by avoiding the disturbance of about 15 minutes, such as a 15 minutes of the disturbance, Macju, Macju’s World Cup, microphones, etc., which were on the floor of the table, on the ground that the employees were not injured by the victim.

2. At around 19:50 on March 18, 2016, the Defendant: (a) expressed that, at the main points specified in the foregoing paragraph (1) above, the police officers, etc. belonging to the Tong-gu Police Station E zone E zone, who were sent to the site after receiving a report of 112 related to the failure disturbance, would be able to pay the drinking value and be urged to return home from F, etc.; and (b) expressed that he would be able to dump. f., who was urged to return home, the Defendant laid the color plastic f. immediately adjacent to the foregoing F, which contains a beer hand, and obstructed the police officer’s legitimate performance of duties concerning handling the 112 Report.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F, C, G, and H;

1. Application of each statute on photographs;

1. Articles 314(1) and 136(1) of the Criminal Act and the choice of imprisonment with prison labor for the crime concerned;

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. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. Sentencing criteria;

(a) Type 1 (Interference with Business) (Scope of Recommendation) (Interference with Business) (Category 1 (Interference with Business) (Category 1 to 8) (Special Mitigation) (Special Mitigation) is not subject to punishment;

(b) Where the extent of the mitigation area (i.e., month or August) (special mitigation), which is minor, of assault, intimidation, or deceptive scheme, is minor, for Type 1 (Scope of Recommendation) (Obstruction of Performance of Official Duties and Forced Obstruction of Duties).

(c) The scope of final sentence due to the aggravation of multiple offenses: one month to one year; and

2. The Defendant’s specific reasons for sentencing reflects his fault and did not repeat himself.

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