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(영문) 서울남부지방법원 2014.09.18 2014고단2634
업무방해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. The crime committed on April 7, 2014;

A. On April 7, 2014, at around 00:30 on April 7, 2014, the Defendant: (a) asked the victim D, the office manager of the C cafeteria located in Yangcheon-gu Seoul Metropolitan Government, to engage in credit transactions on the food value; (b) but, upon refusal, the Defendant obstructed the victim’s restaurant business by force by avoiding the disturbance of approximately 30 minutes, such as “I am flick, I am flick, I am. I am. I am. I am. I am. I am. I am.).”

B. At around 01:10 on the same day, the Defendant: (a) was in dispute with the above D and food value at the above place; (b) was on the 112 report, and was cut off from the E District security guards F and patrolmen of the Seoul Gyeyang Police Station E District; and (c) committed assault against the above F and G on one occasion on the floor of the two hand.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the control of crimes.

2. On May 17, 2014, the Defendant interfered with the business of May 16, 2014, and the Defendant interfered with the victim’s restaurant business by force by avoiding the disturbance of about 1 hour and 10 minutes per hour and 10 minutes per hour, and by force, interfered with the victim’s restaurant business on the ground that the victim J, who is the niter, did not engage in food at the I restaurant located in Yangcheon-gu Seoul Metropolitan Government H.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Application of each police protocol to G, F, D, and J

1. Articles 314 (1) and 136 (1) of the Criminal Act applicable to the relevant criminal facts;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (General Considerations, such as the confession of a criminal conduct, the depth of mistake is divided, the victims of interference with business agree with the victims of interference with business or the cancellation of complaint, and the absence of any record of punishment sentenced for the same criminal conduct);

1. Article 62-2(1) of the Criminal Act to provide community service order;

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