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(영문) 서울북부지방법원 2019.08.30 2019고단926
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 14, 2018, around 05:20 on September 14, 2018, the Defendant: (a) ordered food at the “C” restaurant located in Jongno-gu Seoul Metropolitan Government; (b) ordered food to request pre-paid by the victim D, an employee; and (c) acted as if the Defendant were at the time of the victim due to a voice, such as “I am am shot, I am shot, I am dead, and I am dead,” and (d) the police called upon the victim’s report, followed the Defendant’s failure for about 20 minutes, such as “I am, I am, I am, I am, I am, I am dead, I am dead, and I am am.”

Accordingly, the defendant interfered with the victim's restaurant business by force.

2. On September 14, 2018, at around 05:25, the Defendant: (a) received 112 reports from the place indicated in paragraph (1); (b) and received 112 reports from the host, and heard from the guards belonging to the Seoul-ro Police Station, the Defendant heard to the victim the details of the report by the said restaurant employees; and (c) as such, the said E prevented the Defendant, she frighted into the seat of the said E and frighted into two times on two occasions; (d) the Defendant frighted up two parts inside the police clothes of the said E.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Written statements of D;

1. Application of Acts and subordinate statutes to field photographs, investigation reports (CCTV verification), CCTV images to photograph and investigation reports (verification of the contents of moving images);

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 reason for sentencing of Article 62-2 of the Social Service Order Criminal Act prevents the defendant from running a restaurant business under the influence of alcohol.

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