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(영문) 인천지방법원 2015.06.12 2015고단1758
업무방해등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

1. At around 02:40 on March 28, 2015, the Defendant interfered with business: (a) in a marina shop operated by the victim C in Nam-gu Incheon Metropolitan City, the Defendant avoided the disturbance of “I want to engage in dial-a-a-the-counter business; (b)” under the influence of alcohol; (c) reported the Defendant’s her husband outside of the business place, and reported the front side of the entrance before the defect; and (d) entered the said business place, and thereby, interfered with the Defendant’s marina business by talking the said D with the intention of “I am, I am. I am. I am. I am.”

2. 상해 피고인은 같은 일시, 장소에서, 피해자 D(38세)가 위와 같이 소란을 피우는 피고인을 제지한다는 이유로 발로 피해자의 다리를 걸어 넘어뜨리고, 손으로 피해자의 뒤통수를 1회 때리고, 목덜미를 잡아 흔들어 피해자에게 약 8주간의 치료가 필요한 좌측 무릎뼈 골절의 상해를 가하였다.

3. At around 03:10 on the same day, the Defendant: (a) arrested a flagrant offender in the F District E in order to commit the above crime; (b) expressed that G, who belongs to the said District G, would be waiting for the Defendant to enter the protection room, the Defendant expressed to the said G as “Cymbro gate gate gate.” On the ground of the fact that G, who is in the said District G, would be waiting for the Defendant to enter the protection room, and obstructed the police officer’s legitimate execution of duties in relation to the protection of the district, etc. by assaulting the said G, such as making the face of the said G one time

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning G and C;

1. Written statements of D;

1. A medical certificate;

1. Application of Acts and subordinate statutes to photographs damaged by victims, CCTV photographs in earth, and CCTV photographs of business places;

1. Relevant Article 314(1) of the Criminal Act, Article 314(1) of the Criminal Act, Article 257(1) of the Criminal Act, Article 136(1) of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

1. The reasons for sentencing under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act among concurrent crimes are 1.

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