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(영문) 수원지방법원 2013.11.27 2013고단5174
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On March 13, 2013, the Defendant was sentenced to one year of a suspended sentence of imprisonment with prison labor for four months in accordance with the crime of interference with business in this court. On March 21, 2013, the judgment becomes final and conclusive and is still under the suspended sentence.

1. On August 28, 2013, at around 22:00, the Defendant interfered with the business of the Defendant: (a) obstructed the victim’s legitimate construction work by a threat of force of about 20 minutes on the part of the victim, namely, the victim G and the parts, who installed fences around the bank in front of the Korean bank, where the victim G and the parts, installed a pen in the vicinity of the bank, controlled the general public, and performed the work of replacing the water pipeline; and (b) took the clothes and arms of the parts, and walking the construction equipment at the same time, and interfered with the victim’s legitimate construction work by force.

2. The Defendant interfered with the performance of official duties, at the time, place, and place described in paragraph (1) of this Article, and the head of the police station of the Suwon Police Station, who was dispatched after receiving a report from G, recommended the Defendant to return home and prevented the Defendant from committing an act of disturbance, thereby obstructing the police officer from performing his legitimate duties concerning the prevention of crime.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each police statement made to G and I;

1. A written statement of the G production;

1. Investigation reports, on-site photographs, victim I photographs, and investigation reports (to hear statements from persons for reference);

1. Records before judgment: Application of criminal records, etc. and Acts and subordinate statutes;

1. Relevant Article 314 (1) of the Criminal Act and Article 314 (1) of the Criminal Act (Interference with Business, Selection of Imprisonment), and Article 136 (1) of the Criminal Act (the point of obstruction of performance of official duties and the choice of imprisonment);

1. Among concurrent offenders, the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act include the criminal history that the defendant had been punished several times for the same crime, and the defendant committed the crime that was committed during the grace period without violating the suspended sentence due to the crime of interference with business, and taking into account the possibility of criticism in the obstruction of performance of official duties, a serious punishment against the defendant is required.

(b).

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