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(영문) 의정부지방법원 고양지원 2016.06.14 2016고단961
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 02:00 on January 14, 2016, the Defendant obstructed the victim’s main shop business by drinking alcohol with his/her drinking together with his/her drinking alcohol at C main shop located in Gyeyang-gu B, Gyeyang-gu, and claiming refund without any particular reason, and putting his/her employee D (33 years old), taking a bath, singing his/her sound, and putting him/her on the studio, thereby hindering the victim’s main shop business for about two hours.

2. On January 14, 2016, the Defendant interfered with the performance of official duties, at around 04:10, and received 112 reports from the front of the above main point, and took place, the Defendant: (a) took a defective bath to arrest the Defendant as a current offender on suspicion of interfering with the main point business; (b) assaulted twice the 112 report processing by breath; and (c) interfered with the police officer’s legitimate performance of duties.

3. The Defendant damaged public goods at the same time, at a place as above 2 paragraph (2) and at the same time and place, collected the said patrol car, which was used by public offices, and used by the said patrol car, by 688,763 won.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F or D;

1. A H statement;

1. Written estimate;

1. Application of Acts and subordinate statutes to photographs damaged;

1. Relevant legal provisions of the Criminal Act, Article 141(1) of the Criminal Act (a) (a point of damage to goods for public use), Article 314(1) of the Criminal Act (a point of interference with business), Article 136(1) of the Criminal Act (a point of interference with the performance of official duties) of the Criminal Act, and each choice of imprisonment with prison labor, for the crime;

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 reason for sentencing of Article 62-2 of the Social Service Criminal Act is that the nature of each of the crimes in this case is inferior, and that the damage has not been recovered is disadvantageous.

However, the defendant returned to the father at the end of his father's nursing among several years, and the drinking value that the defendant is unable to cope with the revenue of KRW 1 million per month is contingent.

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