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(영문) 대구지방법원 포항지원 2013.10.10 2013고단599
업무방해등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Of the facts charged of this case, the prosecution against assault is dismissed.

Reasons

Punishment of the crime

On September 24, 2009, the Defendant was sentenced to one year of imprisonment with prison labor for the crime of injury, etc. in the Daegu District Court Port Support on September 24, 2009, and the execution of the sentence was terminated in the Daegu Prison on August 9, 2010.

In addition, on October 7, 2010, the Defendant was sentenced to one year of imprisonment with prison labor for the obstruction of performance of official duties, etc. in the Daegu District Court Port Branch branch on the grounds of the charge of obstruction of performance of official duties, and on August 15, 201, the Defendant completed the execution of the sentence in the first prison of the

1. On July 7, 2013, the Defendant interfering with business: (a) around 15:22, 2013, in the “Emarket” operated by the victim D in the north-gu Seoul metropolitan area; and (b) on the ground that the victim is not on credit, the Defendant shall do so to the victim in the account room.

(z) The same opening;

(i) shall be discarded by setting up to half at the time of width;

“At the time of doing a bath, I have done an act that seems to have a snow with fingers, and I have expressed it to F who is an employee.

(z) The same opening;

(h) reported year;

“I wished to read “,” and expressed to customers under their name “I am ..............” and prevented customers from calculating.

Accordingly, the defendant interfered with the victim's market operation by force.

2. The Defendant, at the same time and place as the above Paragraph 1, was accompanied by the police officers dispatched to the site to the outside of the “Emarket” under the above Paragraph 1, and again called the victim D (V, 52 years old) into the said Smarket and returned to the said Smarket once again.

Accordingly, the defendant assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. An investigation report (Attachment to CCTV images CDs and other closures in the Emarket);

1. Previous records: Application of inquiry reports, such as criminal records, investigation reports (Attachment to the same type of force), investigation reports, and statutes;

1. Article 314 (1) of the Criminal Act applicable to the crimes and Article 314 of the Election of Imprisonment;

1. The reason for sentencing Article 35 of the Criminal Act is the defendant for a repeated crime.

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