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(영문) 서울동부지방법원 2018.07.06 2018고단1170
업무방해등
Text

A defendant shall be punished by imprisonment for four months.

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

(e).

Reasons

Criminal facts

1. On March 3, 2018, at around 22:30, the Defendant: (a) laid the tables at the cump administered by the victim B in Songpa-gu Seoul, Songpa-gu; (b) broken the cryp World Cup; (c) broken the cryp; (d) cryp the cryp; and (c) cryp the cump pum; and (d) dumped the cump, making the cump of the cump, and caused customers to feel uneasiness.

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

2. The Defendant assaulted the victim D(38) who is an employee at the same time, time, and place as indicated in the above paragraph 1, by blocking the Defendant’s disturbance, and assaulting the victim’s breath by breaking the breath.

3. On March 3, 2018, at around 23:30, the Defendant: (a) received a report from the Defendant on the 112-round 23:30 of the above paragraph (1); and (b) committed assault against F, a police officer affiliated with Seoul Song-gu Police Station Ear-gu, Seoul: (c) “F,” who called out, sent to the police station Ear-gu, Seoul: (d) francing the flaps; and (e) francing the flaps of the said F.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to B or F;

1. A written statement in B and D preparation;

1. Application of statutes governing the handling of field photographs, 112 reported cases;

1. Relevant Article 314(1) of the Criminal Act and Article 314(1) of the Criminal Act (Interference with business, Selection of Imprisonment), Article 260(1) of the Criminal Act (the point of assault, the choice of imprisonment), Article 136(1) of the Criminal Act (the point of obstructing the performance of public duties, and the choice of imprisonment) concerning the crime;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (the punishment shall be aggravated for concurrent crimes with the punishment stipulated for a crime of obstructing the execution of heavier official duties);

1. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter, the reason for sentencing) of the Act on the Suspension of Execution (hereinafter, the following circumstances) / The Defendant interfered with the business of a head office by force, assaulted a head office employee, and continued to be dispatched after receiving a report.

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