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(영문) 제주지방법원 2020.06.05 2020고단550

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. On November 20, 2019, the Defendant interfered with business: (a) around 15:45 on November 20, 2019, the Defendant obstructed the Defendant’s general restaurant business by force between around 10 minutes and around 15:5, and by force around 10 minutes, the Defendant obstructed the Defendant’s general restaurant business by stating that the Defendant was the victim’s drinking at “D cafeteria” restaurant operated in Jeju (hereinafter “D cafeteria”) was the victim’s drinking.

2. On November 20, 2019, the Defendant: (a) arrested a flagrant offender suspected of interference with duties at the place specified in paragraph (1) at around 15:58; (b) was arrested on charges of interference with duties; and (c) on November 17:57, 2019, the Defendant was charged with a criminal charge of the Jeju East Police Station located in Jeju Island-ro 66 (Do Do Do Do Do Do Do dong-ro); (c) the police officer F (29 years old) affiliated with the foregoing police station E Team of the police station was taking the procedure for confinement in the detention room; (d) the Defendant was dissatisfied with his/her dissatisfactions that are confined to the detention room; and

A. He saw that he saw and resisted the Defendant, and that he saw the Defendant, thereby assaulting F on the part of the left part of F, such as shouldering at once, thereby hindering police officers’ legitimate execution of duties regarding the handling of reported cases.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Partial statement of the suspect interrogation protocol of the defendant prepared by the police;

1. Statement on the F of the police preparation;

1. Each entry in C, G, and H’s written statements;

1. Investigative report (the time specified for interference with the duties) of police preparation;

1. Entry into an investigation report (including attachment of CCTV data, etc. in a detention room) and video (including attachment documents);

1. Entry of a report processing list of 112 reported cases prepared by the police;

1. Application of each of the related visual Acts and subordinate statutes;

1. Article 314 (1) of the Criminal Act and Article 314 (1) 2 of the Criminal Act: Article 136 (1) of the Criminal Act;

1. From among concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act are defined as crimes of obstruction of the execution of official duties in the judgment of heavier court.