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(영문) 광주지방법원 2020.07.24 2020고단1041

업무방해등

Text

A defendant shall be punished by imprisonment for six 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. On November 23, 2019, around 06:20 on November 23, 2019, the Defendant: (a) expressed that the victim C (the age of 27) located in Gwangju Northern-gu (the age of 27) expressed the victim’s desire to “I want to have a weather and sprinked” at the fifth floor of “Dvalescent hospital”; and (b) under the influence of alcohol, the Defendant interfered with the management of the victim’s hospital for about 30 minutes by force, such as: (c) the victim’s crypt and kids on the floor of the scke and the patient took rest; and (d) the patient took a rest.

B. On November 23, 2019, the Defendant expressed that, at around 07:00, at the place indicated in the preceding paragraph, the Defendant expressed that, in order to be informed of the Defendant’s disturbance by F, a police official belonging to the Edistrict, who was dispatched after receiving 112 a report, “Chogene, one son, one son,” the Defendant expressed that the Defendant was “the above F’s breast part at one time.”

Accordingly, the Defendant interfered with the legitimate execution of official duties concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. C’s statement;

1. Application of Acts and subordinate statutes to investigation reports (related Acts and subordinate statutes, such as site mobilization situations);

1. Relevant Article 314(1) and Article 136(1) of the Criminal Act concerning the crime, the choice of punishment, and the choice of imprisonment;

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

1. The reasons for sentencing under Article 62(1) of the Criminal Act include: (a) the nature of the instant crime by the Defendant, under the influence of alcohol, is not good; (b) the Defendant has committed identical criminal offenses; and (c) the Defendant has expressed an attitude to recognize and reflect the same offense; (d) the victim does not want the punishment of the Defendant; and (e) the circumstances, method and consequence of the crime, etc. before and after the crime are committed.