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(영문) 창원지방법원 통영지원 2019.01.30 2018고단1161

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 May 26, 2018, at around 18:41 to 19:00, the Defendant: (a) expressed that the victim C, who is a friendship in Tong Young-si B, expressed his/her desire to “Cinel” at the “Dcafeteria” restaurant operated by the victim C; and (b) took a disturbance, such as taking the victim’s disease, chair, etc., by force, thereby obstructing the victim’s restaurant business by force.

2. 공무집행방해 피고인은 위 제1항 기재 일시, 장소에서 피고인이 ‘열이 받아서 물건을 다 부쉈다, 가스를 틀어서 죽어버리려고 한다’고 스스로 한 112 신고를 받고 출동한 통영경찰서 E지구대 소속 경사 F, 순경 G에게 욕설을 하는 등의 이유로 G이 녹화를 시작하겠음을 고지하고 휴대전화로 피고인을 촬영하고, F이 자신이 명의상 업주로 되어 있는 위 가게의 사장이 어디 있느냐고 계속해서 묻는 것에 화가 나 ‘내가 주인이라니까’라고 말하며 들고 있던 위험한 물건인 소주병을 바닥에 집어던져 깨트렸다.

As a result, the defendant interfered with the legitimate execution of official duties of police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F and C;

1. Application of Acts and subordinate statutes to report on investigation (as to attachment of field photographs), investigation report (as to photographs showing the scene of crimes of a suspect), and criminal investigation report;

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

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one month to seven years;

2. Scope of recommended sentences according to the sentencing criteria;

A. First Crimes (Scope of Recommendation) (Obstruction of Performance of Official Duties) (Scope of the Obstruction of Performance of Official Duties) and the basic area (6 months to 1 year and 6 months) of the 1st category of the Obstruction of Performance of Official Duties (Obstruction of Performance of Official Duties)

(b) Class 2 (Interference with Business) (Scope of Recommendation).