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(영문) 의정부지방법원 고양지원 2019.05.23 2019고단543

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. From around 23:00 on December 8, 2018 to 23:30, the Defendant interfered with the business of the victim’s main business by force for approximately 30 minutes, such as: (a) from the main point of “D’ operated by Eunpyeong-gu Seoul and the second floor victim C; (b) from the main point of “D” operated by the victim C of Eunpyeong-gu, Seoul; (c) while drinking together with the drinking while drinking together with the drinking, the Defendant took a bath to his employees while drinking; and (d) throw away the Defendant’s table and the instant food on the Defendant’s table by hand, and obstructed the victim’s main business by force.

2. On December 8, 2018, the Defendant obstructed the police officer’s legitimate execution of duties in relation to the protection of the lives, bodies, and property of the people of the police officer when considering that the police officer F and G, etc., a police officer belonging to the Seoul Bupyeong Police Station E-gu Seoul, who was dispatched after receiving a report of interference with his/her duties outside of the main points specified in the foregoing paragraph (1), were subject to the Defendant’s disturbance. In doing so to the above police officer, he/she took a bath, such as “cins and bitchs” on his/her hand when he/she saws the F’s son with his/her hand at two times.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F and H;

1. A written statement of C and I;

1. Application of the Acts and subordinate statutes to hear statements by witnesses;

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. The sentencing guidelines for the sentencing of Article 62(1) of the Criminal Act on the grounds of the suspended sentence are applicable to the crimes of obstruction of the performance of official duties [Article 1] and there is no [Article 1] obstruction of the performance of official duties or coercion [Scope of Recommendation and Recommendation] [Scope of Recommendation field and Recommendation] Basic Field, 6 months to 1 year and 2 months (Interference with Business] / Interference of the performance of official duties [Article 1] obstruction of the performance of official duties [Article 62(1) of the Criminal Act] [Article 62(1) [Article 62(1) [Article 62(1) of the Act on the Suspension of Execution of Official Duties