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(영문) 인천지방법원 2015.02.27 2014고단9229
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. Around 11:00 on December 5, 2014, the Defendant obstructed the victim’s restaurant business by force by avoiding disturbances between about 15 minutes, such as “c, under the influence of alcohol at a cafeteria-dong Incheon Metropolitan City, resulting in a c, due to the repair of the toilet valve of the victim and the building, and the c, under the influence of the repair of the toilet valve of the said cafeteria-dong building.”

2. The obstruction of performance of official duties and the Defendant inflicted an injury upon the police officer by assaulting the victim’s right hand, etc. with the victim’s right hand, etc., who tried to spawn the balth to keep the balth in his hand, and interfere with the police officer’s legitimate execution of duties and crime control, etc., and at the same time, the victim’s injury, such as the right hand hand hand hand hand hand, etc., whose days of treatment cannot be identified, was imprisoned and flaped by the victim, after receiving a report from the victim F (the age 48) under the circumstances belonging to the Incheon Southern-dong Police Station E-gu Incheon Metropolitan City E-gu Police Station, where the Defendant was drunk by drinking.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. Application of the Acts and subordinate statutes to photographs of damaged parts of the victim, photographs of the first floor C cafeteria, and photographs of the scene of interference with business;

1. Article 314 (1) of the Criminal Act applicable to the relevant criminal facts, Article 136 (1) of the Criminal Act and Article 257 (1) of the Criminal Act concerning the criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant recognized the crime of this case and reflects it, that the victim D does not want the punishment of the defendant, that there is no criminal record of suspended execution or more.

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