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(영문) 창원지방법원 마산지원 2018.09.19 2018고단853
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 21, 2018, the Defendant who interfered with his/her business refers to: (a) the victim C (at the age of 61) who had drinking in D’s “D” operated by the victim C (at the age of 61) at Chang-si, Chang-si, Chang-si; and (b) the victim who had drinking in D would first pay the money.”

“Along with the intention of the victim, the victim was forced to walk with his/her table and the driver who was in his/her place to walk with his/her table, thereby obstructing the victim’s main office operation by force for about 35 minutes by avoiding the disturbance.

2. The Defendant, at the same date and time as paragraph 1, and at the same place as that of paragraph 1, in order to obtain a report from the victim F, a police officer belonging to the police box of the Mapo-gu Police Station, who was called out after having received 112 that the proprietor would escape from the disturbance, and to be urged by G to pay the drinking value and return home from the victim F, who is the police officer belonging to the police box of the Mapo-gu Police Station, G, and the principal customer, etc., during the visit to the victims, “I must do so,

I died.

B. “Publicly insulting victims”

3. The Defendant interfered with the performance of official duties at the same time, at a place as set forth in paragraph 1, and at the same time, as above, and at the same time and place as set forth in paragraph 1, sent the disturbance to the F, and the patrolman, who was notified by G as interference with his duties, was pushed the chest of G once, was pushed the chest of G, and tried to cover the faces of G, and was pushed by his hand.

As a result, the Defendant assaulted police officers, thereby hindering police officers from performing their legitimate duties on handling reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C, G, and F;

1. A report on investigation;

1. The chief of the accusation (to judge that the defendant was not in a mental or physical loss or mental and physical weakness under the influence of alcohol at the time of committing the instant crime);

Application of Statutes

1. Article 314(1) of the Criminal Act applicable to the facts constituting an offense (the point of interference with business), Article 311 of the Criminal Act (the point of insult), and Article 136(1) of the Criminal Act (the point of interference with the performance of public duties);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of the penalty;

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