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(영문) 서울남부지방법원 2018.09.17 2018고단3273

업무방해등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around May 26, 2018, the Defendant, at around 00:30 on May 26, 2018, caused disturbance for about 20 minutes on the ground that the Defendant prevented the Defendant from smoking tobacco at the Guro-gu Seoul Metropolitan Government 2nd D drinking house ( South Korea, 24 years old) by neglecting the Defendant.

As a result, the defendant interfered with the victim's main business by force.

2. On May 26, 2018, around 00:53, at the place indicated in paragraph 1 at around 00:53, the Defendant assaulted the victim E, by hand, by blocking the Defendant from disturbing and paying the drinking value.

3. On May 26, 2018, at around 00:55, the Defendant: (a) committed an assault, such as: (b) on May 26, 2018, at the location described in paragraph (1) at the 112-day Seoul Police Station F District G of the police station, the Defendant demanded to present his/her identification card; (c) “Nehhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to H and G;

1. E statements;

1. Investigation report (the counter-investigation of victims E);

1. Application of statutes on field photographs;

1. Relevant Article 314(1) of the Criminal Act, Article 314(1) of the Criminal Act (the point of interference with business), Article 260(1) of the Criminal Act (the point of violence), Article 136(1) of the Criminal Act (the point of interference with the performance of official duties) of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act (In consideration of the fact that the defendant has agreed with the president of the main office of the person who actually suffered from a violation of duties and

1. The community service order under Article 62-2 of the Criminal Act;