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(영문) 창원지방법원 2013.08.21 2013고단1309
업무방해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Interference with business;

A. On April 4, 2013, from around 12:40 to 12:50 on the same day, the Defendant: (a) obstructed the victim C’s general restaurant business by force by her failure to enter the victim C’s general restaurant business by drinking from “D frequency house” operated by the victim C in Kimhae-si; (b) having a fright and dispute with his/her will while drinking together; and (c) having followed the fright to his/her arms, etc.; and (d) having obstructed the victim C’s general restaurant business.

B. On April 4, 2013, from around 14:00 to 14:15 on the same day, the Defendant spits a fluor in the table under the influence of alcohol in the foregoing D frequency, and spits, and prevents the Defendant from entering the flusor, by force, the Defendant’s general restaurant business operation of the victim C by force.

2. On April 4, 2013, at around 15:00, the Defendant obstructed official duties, at the place indicated in the foregoing paragraph 1, and was urged by the police officer, who was dispatched upon receipt of a report, to take and return to the vehicle from a slopeF, a police officer belonging to the Kimbu Police Station Estation, and a slope G, who refused to take and take the vehicle from the said police officer, and expressed the said police officer’s desire to read, “I saw, tell what I am, I am. I am. I am. I am. I am. I am. I am about a slope face, and assaulted two times of drinking, and the chest of a slope F am. I am. I am.

Accordingly, the defendant interfered with the legitimate performance of official duties concerning the protection of police officers' lives, bodies, and property.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol to C, G, and F

1. Article 314 (1) of the Criminal Act and Article 136 (1) of the Criminal Act concerning the facts constituting an offense (a point of obstruction of performance of official duties) of the relevant Act;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (a punishment stipulated for the crimes of obstruction of the performance of official duties against F and the crimes of obstruction of the performance of official duties against G, and punishment against G, of more severe crimes of obstruction of the performance of official duties);

1. Imprisonment with prison labor for each choice of punishment;

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