(영문) 수원지방법원 2016.11.16 2016고단5296

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(영문) 수원지방법원 2016.11.16 2016고단5296

업무방해등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. At around 17:50 on July 28, 2016, the Defendant interfered with the business of the Defendant: (a) expressed a desire to customers under the influence of alcohol in a multi-face operated by the victim C in Osan-si B; (b) reported that the 3-year-old female is a child abuse; and (c) reported it to the police; and (d) interfered with the victim’s multi-facel business by force by placing the table in his/her hand, and neglecting his/her happiness.

2. Around 18:10 on July 28, 2016, the Defendant: (a) 1112 reported and sent out to the slope E belonging to the Neongdong Police Station D District of the Sungdong Police Station that received the 112 report and sent out; and (b) made a public insult of the part of the victim’s knife with the hand-on part of the victim’s knife with the hands-on part.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police statement of E;

1. C’s statement;

1. Application of Acts and subordinate statutes to photographs and written complaints;

1. Articles 314 (1) and 311 of the Criminal Act and the choice of imprisonment with prison labor for the crime concerned;

1. Of concurrent crimes, the former part of Article 37 and Article 38 (1) 2 of the Criminal Act;

1. The reasoning for sentencing under Article 62(1) of the Criminal Act, despite the fact that the defendant had been subject to punishment twice as a crime of violence, shall be determined as ordered in consideration of all the grounds for sentencing, including the following: (a) the crime of this case committed by a police officer who has been dispatched to a third party and interfered with his/her business by force at a business establishment operated by another person; (b) the nature of the crime of this case is bad; (c) the damage to the victim with obstruction

참조조문

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