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(영문) 광주지방법원 순천지원 2021.01.06 2020고단2342

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. On August 18, 2020, at the convenience store where the victim C works in W of 01:30 on August 18, 2020, the Defendant was able to take a bath for the victim under the influence of alcohol, namely, “a fright fright fright fright fright,” and the victim was fright for the victim, and the victim was fright for the victim, who was the customer, and the victim was frightd for three instances of assaulting the chest part of the breast part of the victim D ( South, 18 years old) about 10 minutes.

Accordingly, the defendant assaulted the victim D and interfered with the convenience store business of the victim C by force.

2. On August 18, 2020, the Defendant: (a) was arrested of a flagrant offender for the commission of the crime under paragraph (1) at the Yacheon Police Station Facheon-si, Yacheon-si; (b) was asked by G during the process of committing the crime; (c) did not answer the question even though he was asked by G during the process of carrying out the said police box; (d) took a bath as referred to in paragraph (2); and (e) 10 times the chest portion of G was pushed down with his hand; and (e) assaulted G with breath’s hand.

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention, suppression and investigation of police officers' crimes.

Summary of Evidence

1. Report on the police statement C and each written statement of the defendant with respect to the defendant's legal statement G (as to the witness's statement of the victim's on-site situation), investigation report (H convenience point, CCTV video recording and voice recording file) (as to the witness's statement of the victim's on-site situation), investigation report (as to the confirmation ofCCTV video, etc

1. Application of the CCTV closure statutes to the Minister;

1. Relevant Article 314(1) of the Criminal Act, Article 314(1) of the Criminal Act (the point of interference with business), Article 260(1) of the Criminal Act (the point of violence), Article 136(1) of the Criminal Act (the point of interference with the performance of official duties) of the Criminal Act, and the choice of imprisonment for each type of crime;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act and Article 62-2 of the community service order was that the Defendant again committed an act of violence with obstruction of duties, assault, or obstruction of performance of official duties even though he/she had a record of criminal punishment for multiple violent crimes.