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(영문) 창원지방법원 2020.05.19 2019고단3189
업무방해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. Around 08:30 on September 17, 2019, the Defendant: (a) removed the entrance door of the Chode from the third floor of the Ghode Kimhae-si, on several occasions under the influence of alcohol; and (b) opened continuously a hallway remote area in his/her hand, and then damaged the entrance and the remote area equivalent to the total market price of KRW 1,080,000 in total owned by the victim D.

2. The Defendant interfered with the business of the Defendant: (a) obstructed the Defendant’s business of the Victim’s Telecom with the removal of door door to each guest room; and (b) obstructed another guest’s waters and obstructed the victim’s telecom business by avoiding disturbance for about 30 minutes by obstructing another guest’s waters; and (c) obstructed the victim’s telecom business by force.

3. The Defendant obstruction of performance of official duties: (a) arrested the Defendant, who was dispatched to the scene after receiving a report of 112 that the Defendant was suffering from disturbance; (b) arrested the Defendant, who was suspected of interfering with his duties, as a flagrant offender, of interfering with his duties; and (c) upon his head, interfered with the handling of the 112 reported case by the police officer, and legitimate execution of duties concerning the arrest of flagrant offender.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer of the victims;

1. Written estimate and photograph;

1. Each internal investigation report, investigation report, and application of Acts and subordinate statutes attached thereto;

1. Relevant Article 136(1) of the Criminal Act, the choice of punishment for the crime, Article 136(1) of the Criminal Act, Article 366 of the Criminal Act, Article 314(1) of the Criminal Act, and the choice of imprisonment, respectively;

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

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

1. Considering the records of the habitually committed offenses, such as probation, community service, and medical treatment order of the accused, it is recognized that a person who has a habit of drinking alcohol by the accused is highly likely to recommit crime and thus needs to receive the outpatient treatment accordingly.

Article 62-2 of the Criminal Act, the necessity of medical treatment orders and the reason for sentencing under Article 4-2 of the Medical Treatment and Custody, etc. Act, despite the past record of the same kind of punishment, are repeated so that the error is not less

(b).

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