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(영문) 수원지방법원 성남지원 2019.01.10 2018고단2455

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 October 22, 2018, at around 01:30 on the main point of “D” operated by C in Gwangju-si, the Defendant assaulted the victim E, an employee of the said main point, on the ground that “A victim E, who is an employee of the said main point, has terminated the operating hours, and only he has ever finished the operating hours.”

2. On October 22, 2018, the Defendant interfered with business: (a) around 01:30 on the main point of “D” operated by the Victim C in Gwangju-si; (b) “D”, the Defendant expressed the victim “as soon as drinking time occurs at the second time;” and (c) expressed the victim’s desire, such as “Ish h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h,

3. The Defendant received a request to present an identification card from G with a slope belonging to the G of Gwangju Police Station, which was called upon 112 as the date, time, place, and place described in paragraphs (1) and (2) of this Article, and received a request from G to present an identification card. The Defendant used the tobacco smoke, which was being called, to be “scambling,” to be “cambing,” and used the tobacco smoke, which was being scam in his face, and to be scamed with G’s head.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Each police protocol of statement of C, E, and G;

1. Application of statutes on site photographs;

1. Relevant Articles 261 and 260(1) of the Criminal Act concerning criminal facts, Articles 314(1) and 313 of the Criminal Act, Article 136(1) of the Criminal Act, the choice of imprisonment for a crime

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Probation;