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(영문) 인천지방법원 2019.09.26 2019고단5748
업무방해등
Text

A defendant shall be punished by imprisonment with prison labor for four months.

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

Reasons

Punishment of the crime

1. On August 1, 2019, at around 00:30 on August 1, 2019, the Defendant: (a) heard the victim D that “I will pay the drinking value while drinking alcohol in Nam-gu Incheon Metropolitan City B “C”; (b) I would like to hear the statement that “I will see how I will see the other customer, and how I will see am the drinking value 70,000 won”; (c) I would like to read “I will not have any money; (d) I would like to take a bath to me; and (d) I would like to put the me on the floor to mebbbbbble; and (d) without the victim’s “I would like to put the me back to other customers,” and would interfere with the victim’s business affairs by force by so doing that I would flue the other customers with 20 minutes of business operation.

2. The Defendant obstructed the police officer’s 112 report processing and legitimate execution of duties concerning crime prevention by assaulting the police officer on one occasion at the time and at one place as stated in paragraph (1), together with his desire to “Isk if Isk and knife Is knife Is knife Is knife Is knife Is knife Is knife Is knife Is knife Is knife Is knife Is.”

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Each statement of D and H;

1. Application of Acts and subordinate statutes concerning field photographs and drinking value receipts;

1. Relevant Article 314(1) of the Criminal Act, Article 136(1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

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 (i.e., a white and reflective fact, an agreement with the victim of the obstruction of business, and an absence of any history of punishment received after 199);

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