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(영문) 인천지방법원 2019.07.25 2019고단2999
업무방해등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

1. On May 3, 2019, at around 23:30, the Defendant obstructed the operation of the bus by avoiding disturbance for about 15 minutes, such as: (a) on the front of the Incheon Bupyeong-gu, Bupyeong-gu, Incheon, and the E bus driven by the victim D (59) was under the influence of alcohol, and (b) was trying to board the bus under the influence of alcohol; (c) but (d) it was rejected from the victim that it cannot board the bus because of the bus stop from the bus stop; and (d) the Defendant obstructed the operation of the bus by avoiding disturbance for about 15 minutes.

Accordingly, the defendant interfered with the bus operation of the victim by force.

2. On May 3, 2019, the Defendant: (a) around 23:50 on May 3, 2019, the Defendant: (b) carried the H (49 years of age) who is a police official belonging to the G District of the Incheon Bupyeong-gu Police Station G District of the Incheon Bupyeong-gu Police Station, and the police officer I was under the influence of alcohol while checking the situation, and (c) while under the influence of alcohol, carried the H’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s left face by drinking

Accordingly, the defendant interfered with the legitimate execution of duties by police officers related to criminal investigation.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to H, D, and J;

1. Application of Acts and subordinate statutes to police officers' superior rank, etc., photographs of damaged parts, investigation reports (video-related matters, such as black boxes), and video-related matters;

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

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 of Article 62(1) of the Criminal Act under the suspended sentence prevents bus operation by the Defendant, such as blocking bus or sitting up to a driver’s seat, and furthermore, considering the behavior attitude by asking the police officer called up to the top, it is necessary to severely punish the Defendant.

However, the defendant is recognized to commit the crime and the mistake is divided.

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