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(영문) 서울북부지방법원 2021.02.19 2020고단4818
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. Around September 15:50 on September 30, 2020, the Defendant obstructed the victim’s restaurant business by force by avoiding disturbances between about 10 minutes, such as booming, drinking, pacting, pacting, cutting down, and making customers grow, in the “D” of the victim’s operation in Seongbuk-gu Seoul Metropolitan Government.

2. On September 30, 2020, the Defendant obstructed the performance of official duties: (a) at the rear seat of the patrol vehicle in front of Seongbuk-gu Seoul, Seoul, and (b) at the front seat of the police station in Seoul, which was reported on the criminal facts as stated in paragraph (1) and asked questions to the police officer F, who is a police officer belonging to the Seoul, that was dispatched, to ask questions about his personal matters; and (b) assaulted at one time to the right f’s left hand.

As a result, the defendant interfered with legitimate execution of duties concerning criminal investigation such as arrest of police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. C’s statement;

1. Application of Acts and subordinate statutes of Chapter 1 to CCTV-cape, CCTV and black booms CDs

1. Relevant Article 314 of the Criminal Act, Articles 314 (1) and 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), and the choice of imprisonment with prison labor for the crime;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. In addition to the following circumstances, the head of a Si/Gun/Gu shall determine the same sentence as the order and suspend the execution of the sentence, taking into account the various circumstances as shown in the records and pleadings, such as the defendant's age, sex and environment, relationship with the victim, motive, means and consequence of the crime, circumstances after the crime, etc., along with the reasons for sentencing under Article 62-2 of the Social Service Order Act, and order the protection observation imposed by special matters to be observed and community service for a considerable period of time, in order to prevent recidivism and give a strong

Unfavorable circumstances: The crime of interference with the performance of official duties needs to be punished strictly in order to establish the law and order of the state, and the defendant.

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