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(영문) 광주지방법원 순천지원 2017.01.25 2016고단2219
업무방해등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of 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 26, 2016, at around 20:20, the Defendant damaged property: (a) while working and drinking in the “D” restaurant operated by the Victim C in Mayang-si B; (b) from the wife E, the Defendant: (c) caused the Defendant to wear away from the floor the bridge, i.e., when the market price, which is the victim’s possession on the table, cannot be determined, on the ground that she was hospitalized in the her mother hospital, and she was fright to drink at the bar.

Accordingly, the defendant damaged the property owned by the victim.

2. On August 26, 2016, from around 20:20 to around 20:30 of the same day, the Defendant obstructed the Defendant’s business, who continued to listen to the foregoing E in the said place from around August 26, 2016, followed the disturbance, such as breaking the table, rupture, alcohol, etc., and caused customers to go out of the place.

Accordingly, the Defendant interfered with the restaurant business of the victimized person.

3. On August 26, 2016, at around 20:45, the Defendant: (a) received a report on the 112 fact that “A failure was caused, and the person was committed by assault; (b)” from police officers, such as G, a slope H, etc. affiliated with the F District of the Mine Police Station, to present an identification card or to reveal personal information in connection with the report; and (c) attempted not to comply with such a request, and tried not to comply with the request by the police officers, such as G, a slope H, etc. affiliated with the same district unit, to present an identification card to verify the facts in relation to the said report; and (d) carried out a secret with a size of 2 centimeters or more on the ground surface.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on handling 112 reports.

Summary of Evidence

The application of the police statement C to the defendant's legal statement G to the police statement report (on the site and the victim's photograph);

1. Relevant Article 366 of the Criminal Act, Articles 314(1) and 136(1) of the Criminal Act, and Article 136(1) of the same Act, the choice of imprisonment for a crime.

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