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(영문) 서울남부지방법원 2018.07.26 2018고단2099

업무방해등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of a sentence 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 March 3, 2018, at around 17:50 on March 3, 2018, the Defendant interfering with the business, while drunkly in the “C” clothes store located on B1st, Geumcheon-gu Seoul Metropolitan Government, and then, to the victim D, an employee, “other points and prices are different.”

followed. It is no longer sold.

During the period of making a subsection “A” to the victim Na, the victim

(a) The same bitch amount;

(i) Ansan; and

6 points of clothes, which have been displayed at the place in order to take a bath, sound, and to take away 6 points of clothes from the site in order to request the removal from the damaged person.

It was difficult to avoid disturbance, such as lowering the floor as it is, while examining the scale.

Accordingly, the Defendant interfered with the management of the above clothes for the victimized person by force from 18:13 on the same day.

2. The Defendant interfered with the performance of official duties, while avoiding disturbance, as described in the foregoing paragraph 1, around March 3, 2018, the Defendant avoided the riot with the entry of the guest.

12 Reported 112 that " was sent out of the above garment E, F, G, or patrolman, who was called out of the said garment store."

Therefore, the defendant, in front of the above clothing store, "I see clothes, and see why I see."

나 옷 사러 왔는데 뭘 집에 가 이 개새끼들 아. ”라고 욕설하며 위 의류 매장에 들어가려고 시도하던 중 위 경찰관들 로부터 제지 당하자 이에 화가 나 주먹으로 순경 H의 가슴 부위를 1회 때리고, 손등으로 턱 부위를 1회 때려 폭행하였다.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Written statements of D;

1. 112 Report settlement books;

1. Report on internal investigation ( telephone communications with victims of interference with business);

1. Investigation report (the CCTV image at the scene of a disturbance in the course of business);

1. The application of investigation reports (the mobile phone photographing images obstructing the performance of official duties), CD-related Acts and subordinate statutes;

1. Article 314(1) of the Criminal Act and Article 136 of the Criminal Act concerning criminal facts, the choice of punishment (the point of interference with business).