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(영문) 수원지방법원 평택지원 2019.10.11 2019고단821

업무방해등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Interference with business;

A. From May 26, 2019 to 04:40 on May 26, 2019, the Defendant was able to avoid disturbance for about 40 minutes, for the following reasons: (a) the Defendant was under the influence of alcohol from “D” operated by the victim C (56 years of age) who was in Pyeongtaek-si B; (b) continuously took a bath to his employees; (c) the Defendant sprinked with a view to her employees; and (d) the Defendant sprinked with the opening of the table of other customers, and sprinked with a strong voice of “kn wherever kn

B. On June 1, 2019, from around 16:00 to 17:00, the Defendant was under the influence of alcohol from “G” operated by Pyeongtaek-si E, and was in the influence of alcohol to other customers, and was unable to avoid disturbance for about one hour for approximately one hour, such as “heat and Korean mos shall not be cut back.” The Defendant dumping the victim with large voice while putting the victim into the road at the entrance of the restaurant, and putting the beer disease on the road.

Accordingly, the defendant interfered with the restaurant business of victims by force.

2. The Defendant was arrested as a flagrant offender on the ground of interference with the duties, such as Paragraph 1(a) and Paragraph 1(a) of Article 1 at the time and place of the obstruction of performance of official duties, and was arrested by the police officer, who was a police officer at the Bupyeong-gu Police Station, who was called out after receiving 112 reports, on the ground of interference with the duties, as Paragraph 1(a).

Accordingly, the defendant interfered with legitimate execution of duties concerning the arrest of police officers in the act of committing a crime.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to I;

1. Written statements C, J and F

1. Each report on internal investigation:

1. Application of Acts and subordinate statutes related to documentary photographs, such as field photographs, CCTVs, collecting videos, photographs, CDs of each image, field, etc.;

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

1. The reasons for sentencing under Article 62(1) of the Criminal Act are as follows.