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(영문) 서울서부지방법원 2015.04.15 2015고단191
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

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

(e).

Reasons

Punishment of the crime

1. 업무방해 피고인은 2015. 1. 8. 22:00경부터 같은 날 22:30경까지 서울 은평구 C 지하에 있는 피해자 D(41세)이 운영하는 ‘E’ 유흥주점에서 술에 취해 맥주병을 바닥에 던져 깨뜨리고 계산대 앞에서 행패를 부리는 것을 피해자가 달래며 귀가하도록 하였으나 다시 들어와 욕설을 하며 대기하고 있던 손님들의 멱살을 잡고, 손으로 이를 말리는 피해자의 얼굴을 수회 때리고, 발로 배와 옆구리를 수회 찼다.

Accordingly, the defendant interfered with the victim's main role operation by force.

2. On the same day, the Defendant: (a) reported at the same place as the performance of official duties; (b) deemed that a slope G belonging to the F Zone G of the Seoul Eunpyeong Police Station, which was called out after receiving a report of 112, was an assault against the said D; and (c) prevented the Defendant, who attempted to arrest the said G as an offender in the act of committing a crime, and thereby interfered with legitimate execution of duties concerning the police officer’s criminal investigation and crime prevention, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to D and G;

1. A H statement;

1. Application of the Acts and subordinate statutes governing criminal video CDs;

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. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as “conscising sentence”), which prevents another person’s business by force, and interferes with a police officer’s legitimate execution of duties by force by force against a police officer who was reported 112 and dispatched, requires a strict punishment for the defendant. However, the defendant recognized his mistake and divided it.

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