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(영문) 서울남부지방법원 2020.07.22 2020고단1917

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 becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 30, 2020, at around 16:30, the Defendant interfered with the business, at the “D” restaurant operated by the victim C in Yeongdeungpo-gu Seoul Metropolitan Government, the Defendant interfered with the Defendant’s restaurant operation by force for approximately 30 minutes, including, but not limited to, giving the victim a bath to the victim, such as “nicks and Chewing baits,” and throwing the string of the drinking branches on the table, such as “nicks” on the floor, and cutting down the floor of the string.

2. At around 17:02 on March 30, 202, the Defendant: (a) conspiredd with a restaurant operator who was dispatched after being reported at 112 while putting the pedal as described in paragraph (1) at the place specified in paragraph (1); and (b) expressed a desire to see that “I ambling, I ambling, I ambling, I ambling, I ambling the water on the floor, and F ambling the water to arrest him as a flagrant offender in the obstruction of business; (c) assaulted F ambling the bridge and mouth of F four times of walking, and his face one time of his face.

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. C’s statement;

1. 112 Reporting case management table;

1. Application of statutes on field photographs;

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

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

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act is not a crime committed by the Defendant by force for a considerable period of time during which the Defendant was under the influence of alcohol, thereby obstructing the operation of the victim’s restaurant, and by force, obstructing the police officers performing official duties by using violence.

However, the defendant makes a confession and reflect on the crime.