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(영문) 수원지방법원 2019.01.22 2018고단3889

업무방해등

Text

A defendant shall be punished by imprisonment for six months.

except that 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 June 23, 2018, at around 19:30, the Defendant interfered with the business of the Defendant: (a) obstructed the business of the victim’s game room by cutting down the paper cups used by other customers who had been under the influence of alcohol into the floor; (b) obstructed the passage of the customers by hanging on the front floor of the said game room; and (c) interfered with the duties of the police officer who was dispatched to the site upon receiving a 112 report in order to let the Defendant out of the outside; and (d) interfered with the business of the victim’s game room by force by avoiding the disturbance, such as the noise of “I B,” and “I, I, I,” the noise of “I, I, I,” and the door lying on the floor of the said game room.

2. On June 23, 2018, at around 20:24, at the same place as Paragraph (1) and at the same time, the Defendant used a police officer’s 112 report and requested to provide support to the site, with other police officers, the Defendant used the police officer’s f’s f’s f’s f’s f’s f’s f’s kne and knee knee f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers 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. Investigation reports (fields, etc.), photographs of damaged parts, and investigation reports (7.5. CCTV investigations);

1. Application of CCTV CD-related Acts and subordinate statutes;

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

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act [the scope of recommending punishment].