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(영문) 서울동부지방법원 2018.05.10 2018고단199

업무방해등

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. On December 12, 2017, at around 21:30 on December 21, 2017, the Defendant: (a) had the victim undergo a request from the victim C to calculate the drinking value after drinking alcohol; (b) had the victim go on several occasions; and (c) upon receiving the victim’s 112 report, the Defendant calculated the drinking value; (d) had the police officers go out of the restaurant; and (e) had the victim go out of the restaurant; and (e) interfered with the victim’s restaurant business by force by driving the entrance, having the victim show the Defendant, locking the door, leaving the door, leaving the door, leaving the door, thereby obstructing the victim’s restaurant business by force.

2. On December 12, 2017, the Defendant who obstructed the performance of official duties is requested to return home from the F of the background belonging to the Seoul East East Police Station E District, which was called out after being reported by the said victim at the above paragraph 1 at the above paragraph (1) on December 12, 2017, the Defendant shall not see the farb wp wp, and the police shall not farb wp wp wp wp.

The police officer interfered with the legitimate execution of duties concerning the handling of the 112 Report Report case by assaulting the f's breast part by drinking the f's breast by taking a bath to the f's f', such as drinking once.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. C’s statement;

1. Application of Acts and subordinate statutes to a criminal investigation report (verification of video data);

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. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act: The crime is not good for being committed by assaulting a police officer in the course of performing official duties, the fact that there are many criminal records of a suspended sentence and a large number of fines by obstructing the performance of official duties, etc., the circumstances favorable to the fact that the damage has not been recovered: one’s mistake is divided and reflected, and the degree of assault is relatively excessive.