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(영문) 서울북부지방법원 2018.12.07 2018고단3876
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On August 22, 2018, at around 21:00, the Defendant obstructed the victim’s musical business by force for about 30 minutes, such as: (a) around 21:00, the victim E with D2 stories in Jung-gu Seoul Central Government, and (b) around 2, 2018, the Defendant: (c) laid the beer, beer, beer, and radio beer, on the floor and wall; (d) took the beer and the radio beer; and (e) took the door on the floor and wall; and (e) took other customers who had the beer and come to the beer and let them leave the beer, thereby obstructing the victim’s musical business by force.

2. The Defendant interfered with the performance of official duties at the above “F” singing room around 21:40 on the same day as the above paragraph (1) above, and around 21:12, the Defendant collected a beer’s disease on the Defendant’s own table, she opened the beer’s disease on which he was asked to the Defendant for the content of the report, and she took a bath to the Defendant, and she took the face of the above H twice.

The defendant continued to arrest the defendant as a flagrant offender under the suspicion of interference with the duty and interference with the performance of official duties, and assaulted the defendant as his hand with the left cover and the right hand hand of the above I.

In this regard, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to I, H, and E;

1. Each statement prepared by H, I, and E;

1. Application of the Acts and subordinate statutes to photographs of the damaged place, and photographs of the damaged part of the police officer I;

1. Article 314(1) of the Criminal Act applicable to the facts constituting an offense (the point of interference with business) and Article 136(1) of the Criminal Act (the point of interference with the performance of public duties);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The defendant of this case's reason for sentencing Article 62-2 of the Criminal Act.

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