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(영문) 춘천지방법원 속초지원 2019.07.10 2018고단318
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 of the final judgment.

Reasons

Punishment of the crime

1. From June 22, 2018, the Defendant interfered with business (2018 Go-Ma318) on June 22, 2018, the Defendant interfered with the victim’s business by force for about one hour, such as why he/she was unable to be hospitalized at the entrance of the C Hospital emergency room located in Sincho-si B, supra, on the ground that the hospitalization of the victim D in charge of the receipt and receipt of the patient was refused. The Defendant interfered with the victim’s business by force for about one hour, such as why he/she was unable to be hospitalized.

2. 공무집행방해(2018고단508) 피고인은 2018. 11. 20. 00:22경 속초시 E에 있는 F 건너편 주차장에서, 피고인의 처 G으로부터 폭행 피해가 의심되는 112신고를 받고 현장에 출동한 속초경찰서 H지구대 소속 경위 I이 피고인과 G을 분리 조치하고 신고경위를 확인하려고 할 때 피고인이 계속하여 G에게 다가가려고 하여 피고인의 팔을 잡고 G에게 다가가려는 것을 제지하자, “씨발 가만히 있어봐!”라고 욕설을 하면서 위 I의 팔을 쳐낸 다음 I의 멱살을 잡아 흔들고, 옆구리 부분을 잡고 늘어지는 등 I을 폭행하였다.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or I;

1. G statements;

1. Application of Acts and subordinate statutes to internal investigation reports (field situations, etc.), investigation reports (related to attachment of suspect's medical records), investigation reports (related to suspect's medical records), investigation reports (related to video images taken by the injured party), 112 reported case handling records, and investigation reports (police phone investigations by police officers);

1. Relevant Article 314(1) of the Criminal Act, Article 136(1) of the Criminal Act, the choice of punishment for the crime, 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. The circumstances under the reason of sentencing in Article 62-2 of the Criminal Act, the age, character and conduct, environment of the defendant, and the social service order.

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