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(영문) 창원지방법원 2015.10.07 2015고단905
업무방해
Text

Defendant

A shall be punished by a fine of 2,00,000 won and by imprisonment of 3 months for each of the defendants B.

Defendant

A The above fine shall be imposed.

Reasons

Punishment of the crime

1. At around 22:50 on March 12, 2015, Defendant A interfered with the victim’s drinking business by force by avoiding any disturbance, such as following the table, which reads “F” in the victim E’s counter of Changwon-si, and having been drinking together with one-way B, etc., and having been drinking together with one-way B, etc., and caused a dispute.

2. Defendant B, at around 23:15 on the same day as the preceding paragraph, committed assault and assaulting the police officers to arrest the said A as a flagrant offender, and obstructed the police officers’ legitimate performance of their duties in relation to the suppression and investigation of crimes by assaulting, such as: (a) the circumstances and developments leading up to the G District at the Changwon Police Station G District, which was called upon 112 report due to the disturbance of the said A; and (b) the circumstances and developments leading up to the failure of the said A to arrest the said A as a flagrant offender.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement to E, J and I;

1. Application of H’s written Acts and subordinate statutes;

1. Defendant A of pertinent legal provisions pertaining to criminal facts: Article 314(1) of the Criminal Act; Defendant B of a fine: Article 136(1) of the Criminal Act;

1. Defendant B of the ordinary concurrence: Articles 40 and 50 of the Criminal Act;

1. Defendant B who has chosen the penalty: Imprisonment;

1. Defendant A at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendant B: Article 62 (1) of the Criminal Act;

1. Defendant A of the provisional payment order: Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act;

1. The punishment as ordered shall be determined by taking into account the following factors: (a) Defendant A’s mistake is against the victim; (b) the Defendant has agreed to the victim smoothly; (c) the Defendant has been punished several times of violent crimes; and (d) the circumstances leading to the instant crime; (b) the degree of interference with business; and (c) the age and environment of the Defendant.

2. Defendant B [Scope of Recommendation] obstruction of the performance of official duties shall be obstruction of the performance of official duties.

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