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(영문) 춘천지방법원 원주지원 2017.03.29 2017고단116

업무방해등

Text

A defendant shall be punished by imprisonment for six 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.

Reasons

Punishment of the crime

1. On November 26, 2016, the Defendant: (a) at the “D Kafbook” operated by the victim C in the D Kafa-gun of Gangwon-do on November 26, 2016; (b) did not pay the alcohol value to the victim after drinking alcohol.

On the other hand, it was difficult for the police officer, who called out after receiving a report that the defendant did not pay the drinking value, to take the beer boom, and the police officer was unable to do so, such as making drinking at the place of drinking.

Accordingly, the Defendant interfered with the victim's carpet business by force.

2. The Defendant interfered with the performance of official duties, at the date, time, place, and without paying the drinking value, recommended the Defendant to pay the drinking value and return home to the Defendant by the police box F of the Crossing Police Station, who was called out upon 112 report, by the Defendant: (a) the police box F of the Crossing Police Station E, sent out upon 112 report; and (b) the above F:

C Ma Mady Mady Mady;

In light of the Machip’s theory, the Machip, Machip, Machip, who was placed on the table of the table, was engaged in an act to throw the Machip toward the above F while threateninging the F. The above act was arrested as the current offender of the crime of obstructing the performance of official duties, and subsequently, the said F’s chest was sealed by both hands while taking a bath even after he was arrested as the current offender of the crime of obstructing the performance of official duties.

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the prevention and investigation of police officers' crimes and the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

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

1. C’s self-written statement;

1. The application of Acts and subordinate statutes to arrest and report the occurrence of the case, investigation report (Attachment of photographs and images), investigation report (Attachment of CCTVs in the E police box);

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Protective observation and community service order under the Criminal Act;