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(영문) 청주지방법원 2015.04.30 2015고단307
업무방해등
Text

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

Reasons

Punishment of the crime

1. On March 20, 2015, from around 04:00 to around 07:00 of the same day, the Defendant interfered with the business of the Defendant: (a) within the E cafeteria located in the petition district in the Chungcheongbuk-si operated by the Victim C (57 years of age); (b) under the influence of alcohol, the Defendant fluencing scams in the restaurant; (c) caused other customers to be influencing scam, provokings; (d) talks with the flus and conversationss with the flus, makes the other customers uneasy; and (e) caused the victim to fluencing a great sound while the victim demanded the fluencing, but continuously interfered with the victim’s restaurant business for approximately three hours by force, such as fluening the disturbance, such as going outside of the said restaurant and flus

2. At around 07:50 on the same day as paragraph (1) of this Article, the victim G (50 years of age) who is a police officer belonging to the Cheongju Police Station F District Unit of the Cheongju District Police Station, who avoided the disturbance of drinking in front of the above E restaurant and dispatched a report 112, took the Defendant out of the restaurant and solicits the Defendant to return home, and the victim “I am back to the restaurant, I sent the victim “I am back to the restaurant, I am a million won by giving a fine,” while taking a bath, I am to “I am back to the back of the restaurant, I am back to the victim at one time by assaulting the victim’s face, such as spiting the victim’s face, and interfere with the police officer’s legitimate performance of duties on handling the 112 reported case, and at the same time, I am on the part of the victim requiring approximately two weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. Each police statement concerning G and C;

1. A written entrustment;

1. Application of Acts and subordinate statutes to 112 reported case handling table, E-cafeteria, business obstruction site photographs;

1. Article 314 (1) of the Criminal Act applicable to the relevant criminal facts, Article 136 (1) of the Criminal Act and Article 257 (1) of the Criminal Act concerning the criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Article 37 of the Criminal Code among concurrent crimes.

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