업무방해등
A defendant shall be punished by imprisonment for not less than eight 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.
Punishment of the crime
1. On December 1, 2015, the Defendant: (a) was under the influence of alcohol to the victim C ( South and North 67 years of age) located in Gangnam-si B on December 1, 2015; and (b) was under the influence of alcohol to her food.
생각하여 소란을 피우고, 이에 피해자가 나가 달라고 요구하자 약 15분 동안 “ 씹새끼 좃 같은 새끼 내가 죽인다” 라는 등의 욕설을 하며 큰 소리를 질러 피해자의 편의점 영업 업무를 방해하였다.
2. On December 1, 2015, the Defendant interfered with the performance of official duties at the places indicated in the foregoing paragraph 1. On December 22:30, 2015, the Defendant asked the police officer, who was a police officer belonging to the Gangnam Police Station Edistrict, who was called on 112, about the instant situation, etc., and asked him about the assistant F, who was a police officer belonging to the Gangnam Police Station Edistrict, and G police officer, etc., of this case. The Defendant assaulted the victim’s slope F, who was flicked on the roadside, on three occasions in 10 minutes, such as putting him down on the roadside, and assaulted the victim’s chest part of the victim’s slope F, who was flicked on three occasions in two tight hands.
As seen above, the Defendant, as the police officer, had the legitimate performance of duties in relation to the handling of reported cases by F and G 112.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made to C, F, and G;
1. Reports on internal investigation (on-site conditions and accompanying photographs);
1. 112 Declarations;
1. Application of each statute on photographs;
1. Article 314 (1) of the Criminal Act provides that a person obstructs the performance of official duties in the judgment of the competent law and the decision of the choice of punishment for the crime: Article 136 (1) of the Criminal Act;
1. Articles 40 and 50 of the Criminal Act for the ordinary concurrence and the choice of punishment (the punishment provided for a crime committed against F with heavier holding that each of the public duties in judgment is obstructing the performance of official duties, the punishment provided for a crime committed against F with heavier holding, and the choice of imprisonment);
1. The provision of the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (the aggravation of concurrent crimes with punishment prescribed by a crime of interference with business heavier than the quality of a crime);
1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);
1. Protection observation;