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(영문) 광주지방법원 2015.09.03 2015고단2113
업무방해등
Text

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

Reasons

Punishment of the crime

[criminal power] On February 5, 2015, the Defendant sentenced 6 months of imprisonment with labor and 300,000 won to the Gwangju District Court for the crime of interference with business, etc., and completed the execution of the sentence on March 20, 2015.

【Criminal Facts】

1. On June 11, 2015, the Defendant interfered with the business, around 23:10, obstructed the victim’s work by avoiding disturbance for about 40 minutes by force, and thereby obstructing the victim’s work by avoiding disturbance for 40 minutes to the customers waiting for calculation, who were waiting to see the victim’s noise before the victim D’s “Emat,” which is operated by the victim D’s 107 commercial building in Gwangju Mine-gu, Gwangju.

2. The Defendant, at the above date, at the place of the obstruction of performance of official duties, was required to stop the disturbance from the slope G, etc. belonging to the Seoul Mine Police Station F District G, etc., dispatched after receiving the report from D at the above date, time, place of the obstruction of performance of official duties, provided that he did not comply with the demand to return home, saying, “I am out of the mastroke, kis, kis, several shots, and I am shots,” and, upon receiving the request for returning home continuously, assaulted G at one time on the part of the sloping part of the knife with the hand floor.

Accordingly, the defendant interfered with the police patrol and the legitimate execution of duties concerning crime prevention.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of G and H;

1. Written statements of D;

1. Investigation report (related to the first telephone conversation content), investigation report (in relation to the attachment of CCTV recording data)

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records, personal identification and current status of confinement;

1. Relevant Article 314(1) of the Criminal Act, Article 136(1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

1. Article 35 of the Criminal Act among repeated crimes;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. The scope of recommending sentencing criteria: Imprisonment for not less than 6 months;

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