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(영문) 대구지방법원 포항지원 2015.05.28 2015고단158
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. On January 17, 2015, the Defendant obstructed the victim’s main business operations for about 30 minutes by force, such as: (a) the Defendant, while drinking alcohol at the main point of “D” operated by the victim C in South-gu, Nam-gu, Seoul, by drinking alcohol; (b) the Defendant fights with other customers; and (c) the Defendant, after going through the disturbance, continued to go out of the main point of the disturbance, prevents other male customers from coming to the place of the disturbance, thereby obstructing the victim’s main business operations for about 30 minutes.

2. On January 17, 2015, the Defendant interfered with the performance of official duties of the Defendant of slope E, as set forth in paragraph 1, committed an assault by the police officer, such as assaulting the face of slope E on the right side of slope E, and continuing to go back one time at the head, by assaulting the police officer’s face of slope E on one occasion at the right side of the return case, by assaulting the police officer’s legitimate performance of duties concerning the handling of the report case.

3. The Defendant of the obstruction of performance of official duties against slope G, as stipulated in Paragraph 2, assaulted slope E, arrested a flagrant offender on suspicion of the obstruction of performance of official duties, and b3:25 on the same day, carried in the F district located in Nam-gu H at port, south-gu, and then interfered with a police officer’s legitimate performance of duties in relation to criminal investigation, etc. by assaulting him at one time on the left side of slope G with sound, stating that “G, who is a slope belonging to the F District, unfolded, unfolded, flick, flick, flick, flick, flick, flick, flick, flick, etc.”

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to G, E, and C;

1. A copy of the work log;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment two copies of a police officer's assault photograph at a district unit);

1. The point of interference with business under Article 314 (1) of the Criminal Act, which is applicable to the relevant law of criminal facts and the choice of punishment;

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