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(영문) 창원지방법원 2021.01.21 2020고단3981
업무방해등
Text

A defendant shall be punished by imprisonment for four 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 October 9, 2020, the Defendant: (a) from around 22:00 to around 22:30 of the same day, the Defendant: (b) was unable to enter the Defendant by avoiding the disturbance, such as: (c) the Defendant, in the singing room operated by the victim B, who was in the city of Kim Jong-si, and (d) the Defendant had a large drinking value; and (d) the Defendant, together with C and D, took a bath to the victim; and (d) the Defendant appears to have a view that he would have been able

Accordingly, the Defendant conspiredd with C or D, thereby interfering with the operation of the victim's singing room by force.

2. On October 9, 2020, the Defendant interfered with the performance of official duties, at the place indicated in the foregoing 1. Paragraph (1) around October 22, 2020, and at the same time, the Defendant should not play and count the customer.

“A police officer slope F and patrolman belonging to the police station E District of the Kim Sea, who was called out after receiving the report of 112, expressed a bath to the Defendant, Japan, and G, with the same content as the above 1. paragraph, and used the Defendant, Japan, and D to arrest a flagrant offender, snicking his batf, and assaulted a police officer’s batf.

Accordingly, the defendant interfered with the legitimate performance of official duties by police officers on the handling of 112 reported cases and arrest of flagrant offenders.

Summary of Evidence

1. Court statements C or protocol concerning suspect examination of the police in relation to D;

1. The application of B, F, and G of the police statement pictures and investigation reporting legislation;

1. Articles 314 (1), 30 ( point of interference with business), and 136 (1) ( point of interference with the performance of official duties) of the Criminal Act concerning facts constituting an offense;

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

1. Selection of each sentence of imprisonment;

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 main sentence of Article 62 (1) of the Criminal Act;

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act is an unfavorable circumstance where the crime of this case interferes with another person’s business and assaults the police officers dispatched after receiving a report 112.

It seems to be contrary to the recognition of a single crime, and it is favorable for the victim of interference with business to agree smoothly with the victim.

3.2

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