업무방해등
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
1. On November 17, 2018, around 23:40 on November 17, 2018, the Defendant obstructed the victim’s duty to manage the victim’s age club by force for about 20 minutes, such as smoking tobacco from the d clubs managed by the victim C, Gangdong-gu Seoul Metropolitan Government, and flying to DJ.
2. Around November 18, 2018, the Defendant assaulted the victim’s face, i.e., taking the victim’s face, booming him/her at the place under the foregoing paragraph (1) in a manner that he/she listens to the said victim’s speech that he/she would get a taxi from the said victim (age 22).
3. On November 18, 2018, the Defendant: (a) reported the said victim 112 at the place under paragraph (1) of the foregoing Article; and (b) subsequently, (c) went back to the said age club even though the police called out, the Defendant: (a) prevented the police from taking it out; and (d) destroyed the property of the victim so that the repair cost would amount to KRW 1,015,000 by taking the side wall surface of the said age club’s entrance into head, thereby damaging the repair cost.
4. 공무집행방해 피고인은 2018. 11. 18. 00:35경 위 제1항과 같은 장소에서 위와 같이 타일을 손괴하는 등 소란을 피워 서울강동경찰서 E지구대 소속 경위 F으로부터 제지를 당하자 "이 십새끼들이 좃도"라고 욕을 하며 머리를 뒤로 젖혀 위 F의 얼굴을 들이 받아 폭행하였다.
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 statement concerning C and F;
1. Application of the Acts and subordinate statutes on photographs and estimates;
1. Relevant Article 136(1) of the Criminal Act, the choice of punishment for the crime, Article 136(1) of the Criminal Act, Article 314(1) of the Criminal Act, Article 366 of the Criminal Act, Article 260(1) of the Criminal Act, Article 260 of the Criminal Act, and the choice of imprisonment for each sentence;
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;
1. Social service order under the Criminal Act;