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(영문) 광주지방법원 목포지원 2020.04.10 2019고단893
업무방해등
Text

A defendant shall be punished by imprisonment for four 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 August 2, 2019, at around 21:10 on August 2, 2019, the Defendant, who interfered with business, received a demand for the Defendant to pay for the following reasons: (a) the victim C was not good at the restaurant operated by the victim C, and (b) the employee took a bath, etc.; (c) the Defendant was unable to pay the disturbance over about 30 minutes, such as making a sound and taking a bath.

Accordingly, the Defendant interfered with the operation of the victim's restaurant by force.

2. On August 2, 2019, at around 21:41, the Defendant received a request from the police officers belonging to the relevant police station for obstruction of performance of official duties, who were dispatched after receiving a report at the same place as Paragraph (1) and 112, to be arrested in the act of interference with duties and suspected of fraudulent conduct, and carried out by the police box to the police box, and later leave the police box at the patrol box, the Defendant was subject to the request of the Chief E (28 years old) by the police officer belonging to the said police box to which he belongs to the police box, and “this young fris will injure the police and live together with his life,” and the Defendant was boomed with the large voice that “I am kn't kn't kn's body and kn't kn't kn't kn's body.”

Accordingly, the defendant interfered with the legitimate execution of duties by police officers related to the arrest of flagrant offenders.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. C’s statement;

1. Video CDs, such as obstruction of performance of official duties;

1. Application of Acts and subordinate statutes to investigation reports (the report on confirmation of related images, such as interference with business);

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one to seven years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 (Interference with Business) Crimes (Interference with Business Decision) [No. 1] Interference with Business (No. 1] - Special Punishment] - Reduction element: Force and deceptive scheme.

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