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(영문) 대구지방법원 안동지원 2018.03.30 2017고단142
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence 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 February 18, 2017, at around 03:25, the Defendant: (a) was under the influence of alcohol at the “D” main points operated by the Victim C located in the Dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si; (b) was under the influence of alcohol, and the Defendant destroyed the said monitors and ties by gathering a large amount of money worth of KRW 400,000 at the market price owned by the victim and KRW 50,000 at the market price.

Accordingly, the defendant damaged the victim's property.

2. On February 18, 2017, from around 03:00 to around 03:36 the same day, the Defendant: (a) destroyed monitoring and scamblings at the places specified in paragraph (1) at the place specified in paragraph (1) as described in paragraph (1); (b) provided customers with the desire to “Isk and scambling scams,” and (c) provided them with approximately 36 minutes of customers with the desire to call 10 customers at the said place.

Accordingly, the Defendant interfered with the victim's main business by force.

3. On February 18, 2017, at around 03:37, the Defendant: (a) was on the back seat of a G patrol vehicle and was on the front seat of the G patrol vehicle and voluntarily accompanied to the said zone by the police officer F of the security guards belonging to the Ansan-dong Police Station, the Defendant was on the front seat of the G patrol vehicle, with 112 reported at the places specified in paragraph (1) above;

F. “Chewing, dead, and discarded.”

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and C;

1. Application of Acts and subordinate statutes to an investigation report (limited to attaching a copy of a business permit and a quotation), investigation report (limited to hours of interference with business and CCTV verification);

1. Relevant Article 366 of the Criminal Act, the choice of punishment for the crime, Article 366 of the Criminal Act, Article 314 (1) of the Criminal Act (the point of interference with business), Article 136 (1) of the Criminal Act (the point of interference with the performance of official duties), and the choice of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Code, and Article 38.

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