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(영문) 인천지방법원 부천지원 2016.12.08 2016고단2640
업무방해등
Text

A defendant shall be punished by imprisonment for 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. At around 11:50 on September 26, 2016, the Defendant, who interfered with business, was unable to bring a disturbance for about 30 minutes, such as taking the victim’s desire to take the victim out of the restaurant with the trade name “D” operated by the victim C, Macheon-si, for the reason that the Defendant prevented the victim from calculating the meal fee, and taking the victim out of the restaurant, and having other customers escape from the restaurant.

Accordingly, the Defendant interfered with the victim's restaurant business by force.

2. The Defendant: (a) around 12:02 on the same day as the above Paragraph (1) above; (b) around 1112, and at the same place, sent out to the police officer F of the House E District District of the Busan, Don Police Station, who was called up after having received a report, attempted to take the face of the gark by getting out of the police officer’s face with one hand, who was able to take away from the police officer’s face.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning crime prevention and handling of 112 reported cases.

3. As mentioned in paragraph 2, the Defendant openly insultingd the victim by having the police officer F, who was the victim “F, friend, friend, friend, friend, friend,” among those who were in a restaurant at the same time and at the same place as indicated in the said paragraph, and all citizens who were in a cafeteria.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Each written statement of C;

1. A complaint, a copy of the work place, and details of the report of the case in 112;

1. Application of each photograph, field CD-related statute;

1. Relevant Article 314(1) of the Criminal Act, Article 314(1) of the Criminal Act, Article 136(1) of the Criminal Act, Article 311 of the Criminal Act and the choice of imprisonment for the crime;

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

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