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(영문) 수원지방법원 안양지원 2013.09.13 2013고단694
업무방해등
Text

A defendant shall be punished by imprisonment for six 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. On May 20, 2013, from around 19:30 to 19:40 on the same day, the Defendant: (a) sent the disturbance to D, who is an employee of the military branch, for the reason that he did not have a credit card settlement while purchasing an excessive day at the excess store operated by the victim C in the military branch of the military branch of the military branch from around 19:30 on May 20, 2013; and (b) caused D, who purchased the excessive day, to leave the customers by avoiding the disturbance.

Accordingly, the Defendant interfered with the victim's excessive business by force.

2. The Defendant at the same time and place as the above paragraph (1) of the same Article, who was requested by F to make a statement on suspicion of interference with business from a policeman F belonging to the Mana Police Station Edistrict, who was dispatched to the site after receiving a report from D, thereby obstructing the police officer’s legitimate performance of duties concerning suppression and investigation of the crime by assaulting the part of the F on one hand.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. Application of statutes on photographs of damage;

1. Article 314 (1) of the Criminal Act and Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Imprisonment with prison labor for choice of punishment;

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

1. Article 62 (1) of the Criminal Act;

1. The punishment as ordered shall be determined in consideration of the fact that the crime of sentencing under Article 62-2 of the Social Service Order Criminal Act is closely reflected in the crime, the victim D does not want punishment, and the degree of violence against police officers is not severe;

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