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(영문) 서울서부지방법원 2020.04.23 2020고단549

업무방해등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 00:10 on February 1, 2020, the Defendant was unable to avoid disturbance for about 40 minutes, such as taking the victim C (the 47-year-old)’s “D” restaurant operated by Seodaemun-gu Seoul Metropolitan Government (the 47-year-old) and taking the victim’s knife, taking the victim’s knife, and taking the knife that the victim is under the influence of alcohol.

Accordingly, the defendant interfered with the victim's restaurant business.

2. The Defendant continued to receive 112 reports on the obstruction of performance of official duties, and continued to go out of the above restaurant, as he was removed from the slope F (the age of 43) belonging to the Seoul Western Police Station Estation, and was pushed out of the above restaurant, the Defendant was pushed down the chest F’s chest on a double floor at one time.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in regard to the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. A written statement of C and G;

1. Application of the statutes governing the place of service for a police box;

1. Relevant legal provisions concerning facts constituting an offense and obstructing the choice of a sentence: Article 314 (1) of the Criminal Act that obstructs the performance of official duties: Article 136 (1) of the Criminal Act;

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

1. The grounds for sentencing under Article 62(1) of the Criminal Act, following the suspended sentence, and other conditions of sentencing specified in the argument of the instant case, shall be determined as the same as the order.

The extenuating circumstances: The most favorable circumstances that have criminal records, such as the power of punishment for the obstruction of performance of official duties, and that there are no tolerance from the damaged police officers: The former have long been old, and the punishment power of the obstruction of official duties is a fine power, in the case of the obstruction of official duties, the degree of the exercise of force, in the case of the obstruction of official duties, the agreement is reached with the victim of the obstruction of official duties