업무방해등
A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Punishment of the crime
1. Obstruction of business;
A. On April 14, 2018, the Defendant committed a crime at a restaurant on April 14, 2018: (a) 23:00 around 23:3:00, the Defendant was able to avoid disturbance, such as breathly breathly breathing in the middle-gu, Daegu-gu, where the victim E was on his duty, and her surrounding customers, she was able to take a trial fee, and she was on the floor.
Accordingly, the Defendant interfered with the victim's operation of the restaurant by force.
B. On April 15, 2018, the Defendant: (a) around 01:30 on April 15, 2018, at the singing room operated by the victim G on the first floor in Daegu-gu, Daegu-gu, the Defendant was spiting a disturbance, such as spiting, etc. the Defendant spiting the victim’s bath at the entrance, and spiting it on the floor of the site.
Accordingly, the Defendant interfered with the operation of singing by the victimized person by force.
2. 공무집행 방해 피고인은 제 1의 나 항 기재 일시, 장소에서 위와 같은 사실로 112 신고를 받고 현장에 출동한 H 파출소 소속 경사 I, 경사 J로부터 귀가를 권유 받자 경찰관들에게 ‘ 야, 씹할 놈들 아, 죽여 라, 잡아 가라, 너희들 멋대로 해 라, 나는 집에 못 간다’ 라는 취지로 말하며 J의 얼굴을 향해 주먹을 휘두르고 I의 왼쪽 발목 부위를 발로 수회 걷어 찼다.
As a result, the Defendant interfered with the legitimate execution of duties by police officials concerning the handling of the 112 Incident and the maintenance of public order.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made to I and J;
1. Each written statement of E and G;
1. Photographss inside the K cafeteria;
1. Application of Acts and subordinate statutes to photographs singing L;
1. Article 314 (1) of the Criminal Act (the point of interference with business) and Article 136 (1) of the Criminal Act concerning facts constituting an offense (the point of interference with the performance of public duties) of the same Act;
1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the punishment imposed on a person who interferes with the execution of public duties by mutual consent and by obstructing the performance of public duties by mutual consent and by committing a crime with heavier punishment);
1. Selection of penalty;