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(영문) 수원지방법원 평택지원 2014.10.23 2014고단1242
업무방해등
Text

1. The defendant shall be punished by imprisonment with prison labor for five months;

2.Provided, That the execution of the above sentence shall be suspended for two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

1. On August 4, 2014, at the D convenience point operated by the victim C in Pyeongtaek-si B, around 05:15, the Defendant obstructed the victim’s convenience store business by force by failing to enter the victim’s convenience store business by force, on the ground that the Defendant, while under the influence of alcohol, changed the goods without calculating E who is an employee of E, and was leaving the place of detention, he refused it.

2. At around 05:45 on the same day, the Defendant interfered with the performance of official duties, at the convenience store, the Defendant interfered with the legitimate performance of duties concerning the police officer’s public security and maintenance of order by assaulting G knife twice by assaulting G knife with his hand, thereby obstructing the Defendant’s public security and maintenance of order.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. E statements;

1. Application of the Acts and subordinate statutes to photograph victimized police officers' photographs and CCTV images taken by convenience stores;

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. Suspension of execution under Article 62 (1) of the Criminal Act (the fact that the confession is made while committing a crime, the fact that there exists no record of punishment exceeding the fine, and other factors such as the age, character and conduct of the accused, circumstances after the crime, etc.

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