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(영문) 대구지방법원 2019.02.14 2018고단5401

업무방해등

Text

A defendant shall be punished by imprisonment for not less than eight 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 September 7, 2018, at the main point of “D” operated by the victim C in Daegu Suwon-gu, 23:40 on September 7, 2018, the Defendant: (a) took a bath to E on the ground that E, a customer, was replaced by a large voice while making a brucing and telephone; and (b) took a bath to E on the ground that E, a customer, was replaced by a large voice; (c) took a brupt, such as fladation of e’s flap, and e’s flap; and (d) interfered with the victim’s main business by force for about 30 minutes, such as taking the Defendant’s flaps, e’s flaps, and flaps, etc.

2. The Defendant destroyed and damaged property damage by walking the partitions of the above main toilets without any particular reason while avoiding a disturbance, such as Paragraph 1, at the time and place specified in Paragraph 1, and by separating the door door from the door mold, the Defendant destroyed and damaged one toilet partitions equivalent to KRW 150,00,00 in the market value of the victim C.

3. At the time and place mentioned in Paragraph 1, the Defendant continued to have been dispatched to the site by Daegu Water-Fighting Station F District G, etc., which received the main duty of 112 as stated in Paragraph 1, and attempted to go to go to E, who is a customer, while continuing to go to the site, and he saw the Defendant to stop the Defendant, and put him into a bath, saying, “this sprinke, nibine,” and carried out the body of G.

As a result, 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. Statement of each police statement related to C and G;

1. E statements;

1. Photographs of damage to property;

1. Application of Acts and subordinate statutes to file a written estimate for internal investigation;

1. Relevant Article 314(1) of the Criminal Act, the choice of punishment for the crime, Article 314(1) of the Criminal Act, Article 366 of the Criminal Act, Article 136(1) of the Criminal Act, Article 136(1) of the Criminal Act, and the choice of imprisonment, respectively;

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