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(영문) 광주지방법원 순천지원 2013.04.17 2013고단254
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 00:00 on January 26, 2013, the Defendant: (a) purchased cans and cans from employees F from the E convenience stores for the operation of the Victim D located in C; (b) made the said F; (c) made the Defendant talking that it would cause cans and cans and canss to the said F; and (d) made the F would not comply with the foregoing; (c) made the customers who used convenience points to go out of the victim’s convenience store by talking that the customers who continued to go out of the victim’s convenience store and are unable to enter the convenience store, thereby obstructing the victim’s operation of convenience store by force.

2. At around 00:20 on January 26, 2013, the Defendant obstructed the police officer’s legitimate execution of duties regarding the measures for sending out the scene of the crime and suppression thereof, etc., on the ground that: (a) the Defendant was urged by a slope H affiliated with the G police station G police station G police station that was called out after receiving a report on his/her happiness as described in the foregoing paragraph (1); (b) the Defendant stated that he/she would be able to sat down and return home by a slope H; and (c) the Defendant h’s left elbbbbbbs of H by unsating the sturf of the police officer’s face at one time; and (d) obstructed the police officer’s lawful performance of duties regarding the measures

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol to F and H

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. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The Defendant for the reason of sentencing under Article 62-2 of the Criminal Act on probation, community service, or order to attend a lecture was punished more than 16 times in the same way due to violence, obstruction of performance of official duties, obstruction of business, etc., and the Defendant was punished several times during the period of suspended execution after being sentenced to a suspended sentence in 2010 and was sentenced to a non-prosecution or fine for the same time, and thus again committed the instant crime.

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