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(영문) 수원지방법원 평택지원 2019.10.11 2019고단1128

업무방해등

Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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 July 28, 2019, around 00:30 on July 28, 2019, the Defendant was at the “D” restaurant operated by the victim C (50 years of age, south) in Pyeongtaek-si B, and the victim who was under the influence of alcohol was at the time of the victim’s head knifeing the plastic ket and knife the victim who was under the influence of alcohol.

In front of the entrance of the above restaurant, the Defendant continuously assaulted victims, such as the victim E (the 30-year-old, the 29-year-old, the 29-year-old, the 29-year-old) waiting for a taxi, and the victim F (the 29-year-old, the 20-year-old, the 20-year-old, the 20-year-old, the 30-year-old, the 30-year-old, the 20-year-old, the 20-year-old, the 30-year-old, the 20-year-old, the 20-year-old, the 20-year

As a result, the Defendant assaulted victims, damaged the glass of the restaurant for repair costs of 300,000 won, and obstructed the operation of the restaurant of the victim C by force as above.

2. 공무집행방해 피고인은 2019. 7. 28. 01:30경 평택시 G에 있는 H지구대에서 위와 같은 사유로 현행범인 체포되어 그곳 의자에 수갑을 차고 대기하던 중 112 신고를 접수하여 사건 처리 업무를 수행하고 있는 H지구대 소속 경찰공무원 I의 다리 부위를 발로 수회 차고, 같은 소속 경찰공무원 J의 다리를 1회 찼다.

Accordingly, the Defendant interfered with the legitimate execution of duties of police officers in regard to the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to C, I, and J;

1. Each statement of E, F, and K;

1. Scenesics by field photographs and CCTV images;

1. Application of each investigation report (applicable Acts and subordinate statutes to the victim C telephone conversations / Criminal suspect's assault CCTV images captures);

1. Relevant Article 314(1) of the Criminal Act (a point of interference with business) and each Criminal Act concerning the facts of crime;