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(영문) 춘천지방법원 원주지원 2014.07.02 2014고단449
업무방해등
Text

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

Of the facts charged of this case, the prosecution against intimidation is dismissed.

Reasons

Punishment of the crime

1. On March 25, 2014, around 03:30 on March 25, 2014, the Defendant: (a) removed and destroyed the crime prevention windows, where the market price on the part of the victim C cannot be known, on the ground that the victim did not open the door before the first floor door of the E-Real Estate Building located in D, the victim C resides.

2. On March 25, 2014, at the same place as Paragraph 2, around 03:50 on March 25, 2014, the Defendant obstruction of performance of official duties: (a) the police officer assigned to the Hanju Police Station F District G, who was dispatched to the said place upon receiving a report by the said C, demanded the Defendant to restrain the disturbance and return home as prescribed in Paragraph 1; and (b) the police officer “I am to see if I am to see this situation, I am to see if I am to am to the house”; (c) the part of the part of G of the am to am to am to am to am to am to am to am to am to am to am to am to am to am to am to am to am to am to am to am to am to am to am to am to am to am to am to am to her.”

Accordingly, the defendant interfered with the proper execution of duties of police officers on the maintenance of public order and criminal investigation.

3. On April 1, 2014, at around 03:00, the Defendant interfered with the business of the victim’s bar business by force, such as: (a) from the point of view of the trade name “K” operated by the victim J of the victim J of the Republic of Korea, the Defendant: (b) led the Defendant’s female living together, who was working as an employee, out of the main place; and (c) let the customer who was drinking together with L, leave the said main place; and (d) obstructed the victim’s bar business by force.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to H, C, and J;

1. G statements;

1. Application of statutes on site photographs;

1. Article 366 of the Criminal Code for the crime at issue (the point of causing damage to property), Article 136(1) of the Criminal Code (the point of obstructing performance of official duties), and Article 314(1) of the Criminal Code (the point of obstructing performance of official duties).

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