beta
(영문) 서울서부지방법원 2020.03.18 2019고단4386

업무방해등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On December 13, 2019, from around 00:05 to around 00:15, the Defendant interfered with the business, entering the convenience store in Yongsan-gu Seoul, without calculating the route, and putting the route into the drinking machine at the convenience store, and making a bath to the victim D who is an employee of Yongsan-gu, such as “years that have occurred at the time, arche and fla,” and putting the victim into the drinking machine. The Defendant interfered with the business of calculating the amount of the victim’s accounting by force by avoiding disturbance, by taking advantage of the following: (a) having the victim D who is an employee of the victim.

2. 공무집행방해 피고인은 제1항과 같은 날 00:15경 같은 장소에서 112신고를 받고 출동한 서울용산경찰서 E지구대 소속 경장 F로부터 귀가를 권유받으며 편의점 내에 있는 휴대전화가 피고인의 것이냐는 질문을 듣자 경장 F에게 “너는 뭔데 나에게 말을 거냐 미친년아”라고 욕설하며 주먹으로 경장 F의 턱을 때리고 발로 경장 F의 허벅지 부위를 수회 찼다.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning 112 report handling.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D, F and G;

1. Application of Acts and subordinate statutes to report on investigation (examination of CCTV images inside the generated area);

1. Relevant Article 314(1) of the Criminal Act, Article 136(1) of the Criminal Act, and the choice of each fine for the crime;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) of the Provisional Payment Order prevents the defendant from performing his/her duties, and assaulting a police officer dispatched after receiving a 112 report, thereby obstructing the execution of his/her duties, is not less complicated

However, the defendant committed a crime with mental uneasiness such as the time of committing the crime, the fact that the victim D and police officers do not want the punishment of the defendant, and the fact that the F does not want it.