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(영문) 창원지방법원 진주지원 2017.02.08 2016고단1104
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 October 20, 2016, from around 02:10 to around 02:30 the same day, the Defendant obstructed the Defendant’s business, from around 20 minutes to around 20 minutes, from the corridor of the victim C’s 20-minutes located in Busan Jin-gu B, the Defendant: (a) was under the influence of alcohol to make it impossible for the endeur customers to live in a way that they could not have a sound in high quality; and (b) made the victim unable to manage the franchise building.

Accordingly, the defendant interfered with the victim's management of the telecom by force.

2. The Defendant interfering with the performance of official duties, who was written in a corridor on October 20, 2016, around 02:30, on the third floor of the telecom, in which the Defendant was a pregnant guest.

When the fire station E, which was called up after receiving a report of 119 that there was a person drafting, revealed that the fire station F was called up by the Defendant upon receiving a report of the Defendant for the rescue of the Defendant, and examined the status of the Defendant, the fire station E, which was called up, sent a bath to the said F without any particular reason, was boomed by drinking, plucking up and plucking off the parts of drinking trees, and pushed off the chests.

Accordingly, the defendant assaulted a fire-fighting officer who performs legitimate duties on emergency rescue.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of CD-related Acts and subordinate statutes

1. Relevant Article 314(1) 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 public duties) and the choice of imprisonment for each crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the defendant, while under the influence of alcohol, has obstructed his/her business by doing acts such as fighting and fighting within the telecom without any particular reason and committing violence against a fire official dispatched for the rescue of the defendant, and the nature of such crime is very good.

However, there is an agreement with the victim that the defendant reflects his/her crime, and that he/she interferes with his/her business.

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