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(영문) 의정부지방법원 2016.09.09 2016고단2308
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 19, 2016, the Defendant interfering with business: (a) entered the convenience store operated by the victim D, the victim D, the Government-Si around 18:15 on June 19, 2016, and received a demand from the injured party to pay KRW 4,500 on the cigarette value from the purchase of “E” tobacco.

“The time limit for inspection” was drawn.

In addition, upon receiving a request from the injured party to not sell tobacco, the Defendant: (a) expressed a desire several times, “I am dy, fy,” and (b) made the victim’s wife F in the calculation team several times, and (c) prevented the victim’s wife F from entering the convenience store by avoiding a disturbance between about 10 minutes, such as raising a trial fee at the calculation team and the entrance, and thereby obstructing the victim’s convenience store business by force.

2. The Defendant obstructed the performance of official duties at the time, time, and place specified in paragraph 1 with D’s 112 report that the fluent person fested him was fluored and her fluored out of a convenience point and her fluorly fested out of a convenience point at the police station G G police station G G, who was called out after receiving a report from D’s 112 report, and continued to her fluored him.

In addition, the Defendant committed assault, such as putting the horse H with the horse h that he want to go out of his convenience store, putting the horse h’s h’s body in one time with the horse h’s h’s h’s h’s h’s h’s h’s h’s body with both hands.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reports.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or H;

1. Each statement of D and I;

1. Each investigation report, and notification to the department related to the report of 112 case;

1. CCTV images and photographs of damaged police officers;

1. Application of statutes governing field CCTV images CDs;

1. Relevant Article 314 (1) of the Criminal Act and Article 314 (1) of the Criminal Act (the obstruction of business, the choice of imprisonment), and Article 136 (1) of the Criminal Act (the point of obstructing the performance of public duties and the choice of imprisonment);

1. Article 37 of the Aggravation of Concurrent Crimes Act.

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