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(영문) 수원지방법원 성남지원 2020.04.29 2020고단327

업무방해등

Text

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 became final and conclusive.

Reasons

Punishment of the crime

1. On January 25, 2020, at around 02:30, the Defendant obstructed the victim’s bar business by force by avoiding disturbance for about 25 minutes, such as the victim C’s main point of “A” operated by Sungnam-si A, Sungnam-si, and the main point of time remains for a long time, and thereby soliciting the victim to return home from the said victim’s home.

2. When the Defendant reported to the effect that he does not take place on the floor at the above date, time, place, and reported to the effect that “the person does not take place on the floor,” and expressed to the head of the Seongbuk-Nam Police Station D police box belonging to the Sungnam Police Station that sent to the site the warning to “spack spack spack spack spack spack spacks,” and listened to the phrase “spack spacks that may be arrested by interference with business” from E from the spack spacks, and assaulted the spack e of the spack spack spacks

As a result, the Defendant interfered with the legitimate execution of duties concerning the handling of police reports and the prevention of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of C’s written laws and regulations

1. Relevant Article 314(1) of the Criminal Act, Article 136(1) of the Criminal Act and Article 136 of the Criminal Act and the choice of imprisonment for the crime;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act does not agree with the victims, and the crime of obstruction of performance of official duties is a serious crime that undermines the function of the State by nullifying a legitimate exercise of public authority.

Although the defendant has long been sentenced to a fine due to the obstruction of performance of official duties, he has been sentenced to violence.

However, the fact that the defendant recognizes his mistake and reflects it, the fact that there is no criminal record for the last ten years, and other defendants.