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(영문) 서울남부지방법원 2018.10.04 2018고단3772

업무방해등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On June 22, 2018, the Defendant damage property: (a) around 22:20 on June 22, 2018, in Geumcheon-gu Seoul Metropolitan Government, and (b) around D’s external test of “D’; (c) without any justifiable reason, the Defendant destroyed the victim E-owned table by making the table table at the outside test of “D’s station,” and then destroying one tamper equivalent to KRW 30,000, the market price of which was above 30,000, and then destroying two tampers at the market price of KRW 500,000, and one tamper at the market price of KRW 38,00,00.

2. On June 22, 2018, around 22:25, the Defendant: (a) obstructed the victim’s customer service by having 5-6 customers see that the victim E does not drink in the Geumcheon-gu Seoul Metropolitan Government and outside the D main office; (b) 10 minutes of the 10th class on the ground that the victim E does not drink; and (c) having the table get off several times; and (d) obstructing the victim’s customer service.

3. On June 22, 2018, at around 22:50, the Defendant obstructed the performance of official duties, at around Geumcheon-gu Seoul Metropolitan Government (Seoul) and around 112, asked the police officers to ask him/her whether he/she damaged property and interfered with his/her duties and ask him/her about whether he/she was affiliated with the FJ forces of the Seoul Geumcheon Police Station, Geumcheon Police Station, and whether he/she interfered with his/her duties. As such, the Defendant: (a) asked him/her to disclose his/her status; (b) he/she refused it; (c) took two tight parts of his/her chest in his/her finger in his/her hand; (d) assaults his/her face part of G on one occasion with his/her left part; and (e) continuously interfered with the police officers’ legitimate performance of duties in relation to the handling of reports by assaulting him/her on one occasion with his/her left part.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to H and G;

1. E statements;

1. A report on investigation;

1. Application of each statute on photographs;

1. Article 366 of the Criminal Act, Article 314 (1) of the Criminal Act, Article 136 (1) of the Criminal Act, and Article 136 (1) of the Criminal Act, concerning facts constituting an offense (a point of obstructing the performance of official duties);

1. Articles 40 and 50 of the Criminal Act (Interference with the execution of official duties as indicated in its holding).