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(영문) 수원지방법원 2020.07.23 2020고단3232

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 00:00 on May 4, 2020, the Defendant interfered with the Defendant’s business, at the D main points operated by the Victim C (Inn, 65 years of age) located in Suwon-gu, Suwon-si, the Defendant obstructed the Defendant’s operation of the victim’s main points by avoiding disturbance for about one hour and 50 minutes, such as giving sound to the unspecified number of customers, opening a singing door being used by the customers, and putting them a bath.

2. On May 4, 2020, the Defendant: (a) around 01:52, at the front of the D main points located in Suwon-si, Suwon-si, Suwon-si; (b) the security guards belonging to the Suwon-gu, Police Station E-districted police officers of the Suwon-gu, Police Station E zone, who were dispatched after being reported 112, asked the Defendant about a report of interference with the performance of duties; and (c) requested the presentation of identification cards; (d) the Defendant intending to take a bath to the F; (e) check the F on one hand; and (e) check the F’s face and support a cigarette.

As a result, the defendant assaulted F, a police officer, to interfere with the legitimate execution of duties by police officers related to handling 112 reports.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of each police officer G to F and C;

1. On-site and the 112 Reporting of the Investigation Report on the 112 Incident Report (verification of CCTV images related to obstruction of the performance of official duties), an investigation report (explosives of CCTV images and CD attachment), and accompanying documents - Application of the 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. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reasons for sentencing under Article 62-2 of the Criminal Act for probation and community service order shall be as follows, comprehensively taking into account the following circumstances and various circumstances, including the defendant’s age, character and conduct, environment, and circumstances after the crime, and the sentence as ordered.

That is the case of a police officer who is disadvantageous to him.