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(영문) 수원지방법원 성남지원 2015.03.27 2015고단247
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. On January 25, 2015, from around 17:30 to 18:20, the Defendant obstructed the victim’s restaurant business by force, including: (a) the victim’s “D restaurant” in the operation of the victim C located in the Hanam-si (hereinafter “D restaurant”); (b) the Defendant fright a large amount of sound, without any reason, and frightly 50 minutes of the victim’s restaurant business, and frightly interfered with the victim’s restaurant business by force.

2. On January 25, 2015, the Defendant of the obstruction of performance of official duties: (a) performed voluntarily by a police official E, who received a report on the same ground as paragraph (1) and was urged by the police official E, to return home from E at the Hanam Police Station G District office located in the Hanam Police Station located in the Hanam-si, the Defendant: (b) expressed that the police official “I am a bitch bitch bitch; (c) I am a bitch bitch; (d) I am a bitch bitch; (d) I am a bitch bitch bitch; and (d) I interfered with the police official’s legitimate performance of duties by using violence, such as bombing a bitch.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to E and C;

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

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

1. According to Article 62(1) of the Act on the Suspension of Execution, a person shall be sentenced to imprisonment with prison labor in consideration of the nature of the crime, such as obstructing restaurant business and obstructing official duties by assaulting a police officer even after the police station, which led to disturbance. However, the execution of the sentence shall be postponed by taking into account the following: (a) the Defendant’s violation of the instant crime; (b) the victim of the crime of interference with business did not want the Defendant’s punishment; and (c) the victim of the crime of interference with business did not have any criminal power

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