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(영문) 청주지방법원 충주지원 2021.01.26 2020고단487

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 1, 2020, the Defendant: (a) around 01:08, at the D convenience store where the victim C (son, 22 years of age) in Chungcheongnam-si is working as an employee, the Defendant: (b) was unable to enter the convenience store by leaving the entrance of the convenience store by cutting off the fright of the entrance under the influence of alcohol; (c) going off with the entrance of the convenience store by hand; and (d) sound; and (d) making the cell phone door door doors b with the Defendant’s cellular phone and taking a bath, etc.; and (e) making customers unable to enter the convenience store.

Accordingly, the defendant interfered with the victim's failure to operate the convenience store by force.

2. The Defendant, upon receiving a report on the contents of the above paragraph 1, abused the Defendant’s cell phone f, going to the seat of the police station E District 2 patrol team of the Chungcheongnam-gu Police Station, in line with the Defendant’s left hand hand, etc., and used the Defendant’s cell phone f, who was arrested as the current offender and was on board the patrol vehicle, and assaulted the Defendant by walking the cryp and ring the cryp of the cryp G by walking the cryp of the cryp. G. in the course of boarding the patrol vehicle.

Accordingly, the defendant interfered with the legitimate performance of duties by police officers who execute the 112 reporting processing affairs.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Each police statement made to F, G, and C;

1. Application of CCTV-related Acts and subordinate statutes (DV);

1. Relevant Article 314(1) of the Criminal Act, Article 314(1) of the Criminal Act (the point of interference with business), Article 136(1) of the Criminal Act (the point of interference with the performance of public duties) and the choice of imprisonment for each crime;

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;

1. The punishment shall be imposed to imprisonment with prison labor in consideration of the reason and quality of the offense in relation to the punishment under Article 62-2 of the Criminal Act, Article 44-2(1) and (2) of the Medical Care and Custody Act, and the circumstances of the offense, however, the execution of the punishment shall be postponed in consideration of the degree of interference with duties and interference with performance of official duties, the criminal records of the accused, etc

However, considering the fact that the defendant has committed a series of crimes related to drinking recently.