beta
(영문) 광주지방법원 순천지원 2020.06.17 2019고단2667

업무방해등

Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. On August 30, 2019, at around 00:15, the Defendant: (a) asserted that there was money to be received from the victim C in the Damb operated by the victim C at Pamba, and obstructed the victim’s operation of the camba by stating, “Pambing-top knb knb knb knb, which would not be kept.” (b) KRW 500,000,000,000,000 knb knb kb knb knb knb kb

2. On August 30, 2019, the Defendant: (a) around 01:35, the Defendant: (b) attempted to refrain from disturbing the Defendant from the Defendant’s 1112 report at the said Dpis; (c) and (d) francing the Defendant into the PC bank, and (c) again attempted to enter the Defendant into the said PC bank. In order for F to arrest the Defendant as a flagrant offender under the suspicion of the crime of interference with business, the Defendant expressed that “the francing fluor would not have the same sound as the fluor fluor fluor fluor fluor fluor fluor.”

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to 112 reporting duties of police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F and C;

1. Photographs of the damaged part of the assault;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling List;

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 reason for sentencing of Article 62(1) of the Criminal Act under Article 62(1) of the suspended sentence has a record of being punished as an act of violence several times, and in particular, it is very negative that the Defendant again committed each of the instant crimes without being aware of being sentenced to a fine of KRW 2 million due to the obstruction of performance of official duties on September 28, 2017.

However, the victim C does not want to punish the defendant, the defendant deposited KRW 1,000,00 for police officer F, and the defendant repented in depth.