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(영문) 수원지방법원 2016.05.23 2016고단1691
업무방해등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 10, 2016, from around 01:00 to around 02:00 of the same day, the Defendant obstructed the Defendant’s business: (a) from the point of “M” in the victim’s “M” in K with the wife population, the Defendant: (b) found the victim as the above main customer and did not properly respond to the Defendant and his/her driver; (c) provided that the victimized person was on the left side; and (d) provided that the victim “inception to the other table” with the victim, he/she was seated on the next table to the male customer.

"Along with sound, it interfered with the operation of the victim's main store by force, such as showing the face of the customer by drinking."

2. On April 10, 2016, the Defendant interfered with the performance of official duties is against the tin-opener’s seat at the immediately preceding station around April 10, 2016, and the tin-opener’s seat.

“Along with the report of 112, the police station N of the Yeongdeungpo-dong Police Station N of the Yeongdeungpo-dong Police Station, sent out after hearing the statement about the occurrence of the instant accident against L et al. and preventing the Defendant from departing from the site.” On the ground that “Cracker Ahhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against L/O;

1. 112 A list of reported cases;

1. Application of statutes on field photographs;

1. Relevant Article 314(1) of the Criminal Act, Article 314(1) of the Criminal Act (the point of interference with business), Article 136(1) of the Criminal Act (the point of interference with the performance of official duties) and the choice of imprisonment with prison labor for the crime;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for the sentencing of Article 62-2 of the Criminal Act for the observation of protection and observation is the case where the degree of interference with the duties in the basic area (six months to one year and six months) (including six months to one year and six months) (the special aggravated person) [the scope of the recommended punishment] in the second crime (the scope of the recommended punishment] in the case where the degree of interference with the duties is serious, [the scope of the recommended punishment] in the case of the violation of Article 62-2 of the Criminal Act (Interference with the performance of duties).

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