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(영문) 창원지방법원 2015.05.27 2015고단101
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

except that 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 December 31, 2014, at around 02:40, the Defendant interfered with the Defendant’s business, at “Dmotour” operated by the Victim C in Kimhae-si, Kim Jong-si, on the ground that he was found a woman with a diving, such as under the influence of alcohol, and thus, was unable to enter the victim’s maternity business by avoiding a disturbance for about 25 minutes, such as walking the door door door of each guest room on the 4th floor of the Motour and walking the door door by drinking, and by allowing the customers in the guest room to play, thereby obstructing the victim’s maternity business.

2. The Defendant, as described in paragraph (1), was under the influence of alcohol from the fourth floor of the above 4th floor where the victim E was accommodated at the same time as described in paragraph (1), opened the above room room and intrudes into the room where the victim occupied.

3. At around 03:10 on the same day, the Defendant committed assault, such as cutting off G’s shoulder, when he was faced with the disturbance at the above telecom, after receiving 112 report, from an slope G belonging to the F District of the Kimhae Police Station, who was called up after receiving the 112 report.

Accordingly, the defendant interfered with the police officer's criminal control and legitimate execution of duties on the dispatch of 112 reported report.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. C’s statement;

1. Application of Acts and subordinate statutes to a investigation report (a CCTV video image at the site of the bar), investigation report (in the case of CCTV at the site of the incident, attaching a photograph of a photograph of the obstruction of performance of official duties

1. Article 314(1) of the Criminal Act applicable to the relevant criminal facts, Article 319(1) of the Criminal Act, and Article 136(1) of the Criminal Act concerning the criminal facts;

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

1. The reason for sentencing of Article 62(1) of the Criminal Act under the suspended sentence is that the defendant agreed smoothly with the victim of a crime interfering with business, that the degree of obstruction of performance of official duties is not much serious, that the defendant is against the mistake, and that the defendant is against the wrong.

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