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(영문) 대전지방법원 천안지원 2016.09.06 2016고단979
업무방해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. From around 22:30 on May 30, 2016 to 23:00 on the same day, the Defendant: (a) expressed the victim C’s “D” point of the victim’s operation in Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu; (b) together with E who drinked alcohol, expressed the disturbance at the large interest of “Irresh, Chewing, Chewing, the president, and there is a right to do so”; and (c) made it impossible for other customers who were in the main place of smoking to escape from the disturbance, and prevented them from entering the main place.

Accordingly, the defendant conspired with E and interfered with the victim's main business by force.

2. On May 30, 2016, the obstruction of performance of official duties and the Defendant: (a) committed a disturbance, such as taking a large bath at the above main points as described in paragraph (1) above; (b) obstructed the business of the main points of C; (c) obstructed the business of the main points of C; (d) the police box in the Yananannam Police Station, called out after receiving a 112 report that the main points of C interfered with the business; (c) the police box in the jurisdiction of G, police officers, police officers, and police officers assigned to the police box in the Yannamnam Police Station, and the victim I, upon receiving a request for returning home from the said G; (d) threatening the face of the said I being taken back to the said H on the ground of beer’s disease; and (e) harming the head of the part where it is necessary for treatment for about 10 days.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the handling of the 112 reported case, and at the same time, injured the victim I.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of each police suspect against the defendant or E;

1. Each police statement made to I and C;

1. A written diagnosis of injury;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Articles 314 (1), 136 (1) and 257 (1) of the Criminal Act concerning the relevant criminal facts;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the crimes of injury and obstruction of performance of official duties, and punishment which are defined as the crimes of serious injury).

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