beta
(영문) 서울중앙지방법원 2019.04.30 2018고단6915

업무방해등

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, 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 June 30, 2018, around 11:50 on June 30, 2018, the Defendant obstructed the victim’s restaurant business by force, including, without any reason, the victim’s “D” restaurant operated on the first floor of the Gwanak-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City (hereinafter “D”) in which alcohol was drinking, and the victim’s restaurant business was obstructed by demanding approximately 30 minutes of the victim’s restaurant business by walking a horse to his nameless customers in the relevant place and allowing customers to not complete meals.

2. At around 12:30 on June 30, 2018, the Defendant: (a) committed assault against the Defendant, on the part of the above restaurant, that was reported by C; and (b) that was dispatched to the said restaurant, “Pest F of the Seoul Western Police Station E District E District; and (c) that was called “Pests have been dyped and dyped;” and (d) that the Defendant dypeded F’s face by continuing to go out of the restaurant and soliciting him to return home, and attempted to take care of F’s face over several times.

As a result, the Defendant interfered with the legitimate execution of official duties concerning F's 112 Report handling as a police official.

Summary of Evidence

1. Defendant's legal statement;

2. Each police statement concerning C and F;

3. Application of Acts and subordinate statutes to witnesses' statements prepared at H;

1. Relevant Article 136(1) of the Criminal Act, Article 314(1) of the Criminal Act, and Article 136(1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

2. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

3. Article 62 (1) of the Criminal Act;

4. Reasons for sentencing under Article 62-2 of the Criminal Act of probation and community service order;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one to seven years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) First Crimes (Determination of Punishment) (Obstruction of Performance of Official Duties). Obstruction of Official Duties (Type 1 / No person who has been forced to perform his/her duties) (the scope of recommendation area and recommendation area) basic area, six months to one year and six months of imprisonment

(b) Class 2 crime (Interference with Business) [Determination of Punishment] Interference with Business. [Type 1] Interference with Business. (Special Disturber)