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(영문) 전주지방법원 남원지원 2021.02.16 2020고단301

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

Reasons

Punishment of the crime

1. On October 2, 2020, from around 21:20 to 21:55 on the same day, the Defendant obstructed the victim’s duty of operating the store by force by avoiding the disturbance, such as bringing the disturbance to customers with whom the name he was seated on the table is unknown, without any reason, while under the influence of alcohol at the victim C’s “D” skin operated by the victim C in Nam-si, Nam-si, Nam-si, and without any reason. The Defendant harming the victim’s duty of operating the store by force.

2. On October 2, 2020, the Defendant: (a) received a 112 report from the above “D” D’s house stating that “I will drink without drinking alcohol; and (b) received questions about personal information from the F of the police box affiliated with the police box of the South Korean Won Police Station; (c) whether the Defendant was a police officer;

C. He expressed a bath called the “Woo feb.” and expressed the face of F at least once by a drinking.

As a result, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. C’s statement;

1. 112 Application of Acts and subordinate statutes on reported details and replies;

1. Relevant Article 314(1) of the Criminal Act, Article 314(1) of the Criminal Act (the point of interference with business), Article 136(1) of the Criminal Act (the point of interference with the performance of public duties) and the choice of imprisonment for each 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 stay of execution (see, e.g., Supreme Court Decision 2006Da1448, Apr

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of punishment by law: Imprisonment with prison labor for one month to seven years and six months;

2. Scope of the recommended sentences according to the sentencing criteria;

(a) First Crimes (Interference with the Execution of Official Duties) / There is no interference with the performance of official duties or coercion of duties (Type 1) (No person subject to special sentencing) (the territory of recommendations and the scope of punishment), the basic area of punishment, six months to one year and six months;

(b) crime 2 (Interference with business).