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(영문) 서울남부지방법원 2019.07.04 2019고단2582

업무방해등

Text

A defendant shall be punished by imprisonment for not more than ten months.

except that 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. 업무방해 피고인은 2019. 5. 16. 03:00경 서울 구로구 B 2층에 있는 피해자 C(38세)이 관리하는 “D” 주점에서, 술을 마시던 중 피해자로부터 ‘영업종료 시간이 되었으니 주대 285,000원을 계산해 달라’는 취지의 요구를 받자, 술에 취하여 주대 지급을 거절하며 피해자에게 ‘미친 새끼, 개새끼’ 등의 욕설을 하고, 112신고를 받고 출동한 경찰관들로부터 주대 지급 및 퇴거 요청을 받았음에도 “E 정권 짭새 씹새끼들아. 나는 공무원 강사다. 공무원이 이러냐, 이 새끼들아”라는 등으로 욕설을 하고 퇴거를 거부하면서 약 50분 동안 소란을 피웠다.

Accordingly, the Defendant interfered with the victim's management of the above main points by force.

2. The Defendant: (a) received 112 report from 4 police officers, such as the police captain G, etc. belonging to the Seoul Guro Police Station F District and received a demand for payment and withdrawal from the police officers of the Seoul Guro Police Station F District; (b) provided a bath as stated in the foregoing paragraph (1); and (c) committed assault by the above G, who was requested from the said G, for the said G, that the Defendant “brue so” was sexually pushed the said G part of the said G at one time on his hand.

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Each statement of H and C preparation;

1. Application of CCTV images and CD-related Acts and subordinate statutes;

1. Article 314 (1) and Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Selection of each sentence of imprisonment;

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

1. Details and result of each crime on the grounds of sentencing under Article 62(1) of the Criminal Act, the circumstances of the crime, the degree of interference with the performance of official duties, and interference with business.