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(영문) 춘천지방법원 2015.10.29 2015고단958

업무방해등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On October 23, 2014, the Defendant was sentenced to a suspended sentence of one year of imprisonment with prison labor for larceny, etc. at the Chuncheon District Court, which became final and conclusive on October 31, 2014, and is still under suspended sentence.

1. On September 2, 2015, at around 23:43, the Defendant obstructed the business of the said D by force by avoiding disturbance for about 20 minutes, by demanding the victim D, who is an employee of the said club, to have a part-time feet from the front stairs of the C tourna club located in Chuncheon-si B, and by demanding the victim D, who is an employee of the said club, to refuse to do so. Accordingly, the Defendant obstructed the business of the said D by force.

2. On September 3, 2015, around 00:05, the Defendant: (a) committed assault, such as obstruction of performance of official duties and damage to public goods, on the stairs of tourist clubs as described in paragraph (1) above; (b) upon receipt of a report and being arrested a flagrant offender from E in the circumstances surrounding the F District Unit of the Chuncheon Police Station, which called the place; (c) obstructed legitimate performance of duties concerning the arrest of a flagrant offender in E by assaulting, such as blueing the above E’s left part blus and chests; and (d) continuously arrested a flagrant offender and caused damage to E’s equipment by asking a small wave, which is a public goods located in the F District of the Chuncheon Police Station of the Chuncheon Police Station located in G in Chuncheon City, in order to have the repair cost of KRW 180,000.

3. On September 3, 2015, the Defendant assaulted the Defendant at the Criminal Team office of the Chuncheon Police Station, located in Macheon-si, Macheon-si, 1, 590-1, on September 3, 2015, and obstructed the Defendant’s lawful execution of duties regarding the entry of H’s detention room by assaulting the Defendant at the police team office of the Chuncheon Police Station, located in the seat of the F District, to enter the detention room.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement on D, E, H, and I;

1. Application of the written estimate statutes;

1. Article 314(1) and Article 136(1) of the Criminal Act (the point of obstruction of performance of official duties) concerning the relevant criminal facts, the choice of punishment, and the choice of punishment;