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(영문) 서울중앙지방법원 2014.08.27 2014고단3960
업무방해등
Text

A defendant shall be punished by imprisonment for not less than eight 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. On April 29, 2014, from around 23:50 to April 30, 2014, the Defendant interfered with the business, on the ground that the victim’s “F Mart” operated by the victim E in Gangnam-gu Seoul Metropolitan Government (hereinafter “F Mart”) gave the victim a fright, and attempted to take the victim’s face by hand, i.e., taking the victim’s crypt, pushing the victim in hand, and see the victim’s face by hand. At this time, the Defendant avoided the disturbance, such as cutting the display stand, and caused the customer who was the fright.

Accordingly, the defendant interfered with the victim's marina business by force.

2. On April 30, 2014, at around 00:20, the Defendant: (a) asked the police officer of the Seoul Gangseo-nam Police Station G Police Station that was dispatched to the scene after having been reported 112 as a obstruction of the Defendant’s business at the same place as indicated in paragraph (1); (b) asked him about the circumstances of the instant case at the police officer of the Seoul Gangseo-nam Police Station G Police Station, who was called “I see whether I will come to her seat; (c) he assaults the back part of the said H by continuing to hold in a canter; and (d) the police officer of the police box with H, such as H, intends to arrest the Defendant as a flagrant offender, the Defendant she saw him to “I want to die. I would have to do so.”

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to the control of crimes and arrest of flagrant offenders.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each police statement of H and E;

1. Written Statement;

1. Application of the instant field photographs and CD-related Acts and subordinate statutes

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 (The following grounds for sentencing shall be taken into consideration):

1. Social service business under Article 62-2 of the Criminal Act;

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