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(영문) 서울동부지방법원 2016.09.26 2016고단2531
업무방해등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. From around 10:05 on July 2, 2016, the Defendant: (a) from around 10:05 to around 20 minutes, the Defendant: (b) 4 stories in Songpa-gu Seoul, namely, “C” located in Songpa-gu, Songpa-gu, Seoul; and (c) on the ground that the service is not satisfactory, the Defendant was unable to enter the place where the customers, who had entered the place, were able to enter the place of the president, such as having to continuously enter the place of the president, notwithstanding whether the service is not satisfactory; and (d) had them out of the outside.

Accordingly, the Defendant interfered with C’s business operation by force.

2. The Defendant injured the victim D, at the time and place specified in paragraph 1, suffered injury to the victim’s face by hand when the victim’s face was removed from the victim D (S 45) who was a security guard at the time and place of the disturbance, and caused injury to the victim, such as impairment of the character of the horse requiring medical treatment for about 10 days.

3. Obstruction of performance of official duties, injury to the victim E is the date and time set forth in paragraph 1, and the place where the customer is suffering from disturbance.

“Around the 112 site, the Defendant called to the site upon receiving a report, and tried to arrest the Defendant as a current offender of the crime of interference with the duties and assault, the Defendant was placed in a multi-median situation where approximately two weeks of strings of victims E (35 tax) in light of the border of the Seoul Song-gu Police Station F District and the right end of the police station, who are in need of a multi-median treatment as soon as possible.

As a result, the defendant interfered with the police officer's legitimate execution of duties concerning the handling of reported cases and arrest of flagrant offenders, and at the same time injured the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Each police statement made to D or E;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 314 (1) (a point of interference with business), Article 257 (1) (a point of harm to victims D or E) and Article 136 (1) (a point of interference with the performance of public duties) of the Criminal Act applicable to facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition (Inter-Korean between a crime of obstructing the performance of official duties and an injury to E);

1. Imprisonment with prison labor for each choice of punishment;

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