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(영문) 대전지방법원 천안지원 2020.05.08 2020고단474

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. On February 9, 2020, at around 23:10 on February 23, 2020, the Defendant was unable to avoid disturbance for about 30 minutes, including: (a) around 59 years of age, at the main point of “D” operated by the Victim C (FF) in Seo-gu, Seo-gu, Seocheon-gu; (b) but (c) at the time of drinking alcohol, the Defendant refused access from the victim; (d) the Defendant was able to avoid disturbance, such as walking the entrance door of the said main point to the victim at a large interest level; and (e) driving the entrance onto the entrance.

Accordingly, the defendant interfered with the victim's bar business by force.

2. On the same day at around 23:45 of the same day, the Defendant assaulted the police officer who was a police officer belonging to the Chungcheongnam-Naman Police Station E District, Chungcheongnam-gu, Chungcheongnamcheon Police Station, who was called out after having received 112 reports at the same place, to take her home out of the police officer F (the age of 43) who was a police officer belonging to the E District Police Station, and to take a bath to the above F, and thereby walked the part of the F’s bridge

As a result, the Defendant interfered with the legitimate execution of duties of police officers in relation to the 112 Report Handling.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of C’s written laws and regulations

1. Relevant Article 314(1) of the Criminal Act, Article 136(1) of the Criminal Act and Article 136 of the Criminal Act and the choice of imprisonment for the crime;

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

1. The decision of suspension of execution under Article 62(1) of the Criminal Act shall be made in the same manner as the order, taking into consideration various circumstances shown in pleadings, such as the defendant's age, character and conduct, environment, motive, means and result of the instant crime, and the circumstances after the crime;