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(영문) 창원지방법원 통영지원 2013.07.31 2013고단529
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. Around 00:02 on June 26, 2013, the Defendant: (a) ordered the victim’s “F” restaurant operated by the victim E at 00:02 macro-si; (b) the Defendant expressed the victim’s credit card to the effect that the victim would not settle the credit card; (c) the victim would not pay the credit card; and (d) the victim would bring the credit card backer, the victim himself/herself, and the victim with the credit card “satise, the satise, and the satise”; and (c) the Defendant was able to avoid a disturbance by sound in front

Accordingly, the defendant interfered with the victim's restaurant business by force.

2. At around 00:35 on June 26, 2013, the Defendant: (a) obstructed the performance of official duties: (b) obstructed the police officer slope I belonging to the He Zone Hagu Police Station, who was investigated into the case of paragraph (1) at the H District District of the Madodo Police Station located in G, for the following reasons: (c) obstructed the Defendant: (d) obstructed the police officer assistant I, who was in charge of the H Zone, “I see that I will sit, come to see me; (d) flasing off me; (e) flasing off her clothes; and (e) I flad with a telephone gun on the earth’s flab; and (e) flading I with me.

As a result, the defendant interfered with the legitimate execution of official duties of police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to I, J, and E;

1. Application of Acts and subordinate statutes on site photographs and CCTV photographs in the H District;

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

1. From among concurrent crimes, the Defendant, with reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, committed the instant crime again in several months even though he/she was sentenced to a suspended sentence of one year and six months for a crime of injury on October 31, 2012, the term of imprisonment with labor for interference with business, six months, and one year and six months for a violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violences, Etc.) on April 26, 2013.

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