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(영문) 서울북부지방법원 2019.07.18 2019고단758
업무방해등
Text

The punishment of the accused shall be eight months by imprisonment.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 18, 2019, at around 03:20 on January 18, 2019, the Defendant obstructed the victim’s restaurant business by force for about 15 minutes, such as following the disturbance: (a) in a building B in Seoul Special Metropolitan City, Nowon-gu, and a “D” restaurant operated by the victim C with the first floor; (b) in the course of drinking alcohol and eating, the ecological boilers and equipment ordered at the restaurant, and the victim’s desire to “the same-year seat” at the restaurant without any reason; and (c) the Defendant obstructed the victim’s restaurant business by force.

2. On January 18, 2019, at the restaurant specified in paragraph (1) around 03:40 on January 18, 2019, the Defendant expressed 112 report and sent to the site that “Chewing sp” to the Nowon Police Station E-gu Seoul Police Station affiliated with the Nowon Police Station E-gu, and police officers, who were aware of the situation after being called to the site, and assaulted the police officers, such as: (a) putting a misunderstanding that contains an ecological dog that contains the police officer’s flaps; and (b) threatening the police officers who control the flasing him to escape food on the working clothes.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the handling of 112 reported cases and criminal investigation.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of F, C, and G;

1. Application of statutes on site photographs;

1. Article 314 (1) of the Criminal Act and Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 40 of the Criminal Act of the Commercial Competition (Mutual Crimes of Obstruction of Performance of Official Duties);

1. Selection of each sentence of imprisonment;

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. The reason for sentencing of Article 62-2(1) of the Criminal Act not only interfered with the victim C’s restaurant business, but also intended for police officers dispatched after receiving a 112 report, and exercised violence.

Considering the contents of specific interference with duties, the degree of obstruction of performance of official duties, etc., the quality of crime is not easy.

Furthermore, the defendant is subject to criminal punishment several times to commit violent crimes.

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