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(영문) 창원지방법원 마산지원 2018.02.20 2017고단1038
업무방해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

C was an ex post facto employee of a 'new East and East' violent organization

D(34 Does) tried to shotly boom the garre on the part of the withdrawal from the organization, and to see the pedal in the restaurant run by the victim F, the wife of the victim F, who is the wife of the said D, in Changwon Mu-si E, as the Defendant, who was aware of the peace.

At around 00:30 on July 22, 2017, the Defendant, along with C, found in the above restaurant, she spited on the floor of the restaurant, spited the glass door, spited the victim’s bath, and she was unable to fright the victim into the container. G was contacted by H, which is the constituent cause of the “new East East East-dong wave,” and found in the above restaurant, and the Defendant and C saw the disturbance as above, she was frighten from the side, and frighted the victim’s power, and she was frighted for one hour, such as continuously taking the victim’s bath.

Accordingly, the Defendant, in collusion with C and G, prevented customers who entered the above restaurant from entering, thereby obstructing the victim’s restaurant business by force.

Summary of Evidence

1. Partial statement of the defendant;

1. Copy of the protocol concerning examination of the police officer in G;

1. Application of the laws and regulations of each police statement protocol to D, I, F, J, and K

1. Determination as to the assertion of the defendant and his/her defense counsel under the pertinent Article of the Criminal Act and Articles 314(1) and 30 of the Criminal Act regarding criminal facts

1. The assertion C or G did not commit this offence in collusion with G.

2. The joint principal offender under Article 30 of the Criminal Act is jointly committing a crime. In order for a joint principal offender to be established, a joint principal offender is required to have committed a crime through functional control by a joint doctor, which is a subjective requirement, and the joint principal offender is one of the two persons with a view to committing a specific criminal act by a joint principal doctor.

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