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(영문) 서울북부지방법원 2014.08.22 2014고단877
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. Around 01:50 on March 19, 2014, the Defendant interfered with business, at the D main points located in the Seoul Special Metropolitan City, Nowon-gu Seoul Special Metropolitan City Seoul Special Metropolitan City Seoul Special Metropolitan City, caused customers to go away from their places by avoiding any disturbance, such as: (a) the victim E, who is an employee, would drink at the end of the business hours; and (b) the calculator and account books, which are placed in the Accentr and account books, and try to keep them in the said place.

Accordingly, the Defendant interfered with the victim's bar business by force.

2. When the Defendant was arrested as a flagrant offender due to interference with the duties as described in paragraph (1) by a police officer who was called out after receiving 112 reports on the roads near the D main points as described in paragraph (1) at the time and time set forth in paragraph (1) of this Article, the Defendant damaged the police officer’s total 405,000 won of the patrol vehicle to get out of the back seat of the patrol vehicle, which is the patrol vehicle, due to the disturbance of duties as described in paragraph (1), etc.

Accordingly, the defendant damaged the use of goods by public offices, thereby harming their utility.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning E, G, H, and I;

1. Each written statement of E and G;

1. Destruction of the patrol vehicle;

1. Application of the statutes governing vehicle inspection and estimate for maintenance;

1. Articles 314 (1) and 141 (1) of the Criminal Act applicable to the relevant criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., the fact that the defendant repents his mistake, the circumstances and degree of damage, and the fact that the above victim does not want the punishment of the defendant under an agreement with the victim of the crime of interference

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act;

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