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(영문) 대전지방법원 논산지원 2019.04.26 2019고단104
업무방해등
Text

A defendant shall be punished by imprisonment for 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 January 20, 2019, at around 23:30 on January 20, 2019, the Defendant interfered with the business of the victim’s main office by: (a) having other customers under the influence of alcohol at the D main points of the operation of the victim C, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu; and (b) having female customers under the name of the victim take a cellular phone, etc., leading them to the victim’s main office business by getting female customers under the name of 10 minutes.

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

2. In light of the date and time set forth in the above Paragraph (1) above, the Defendant: (a) received a report from the head of the Cheongju Police Station, a police officer assigned to the E District Police Team, who was dispatched to the scene, and was able to look back to the Defendant after listening to the circumstances of damage, etc. from the reporter; and (b) led the police officer, who was under the influence of alcohol, to take the brea of the said police officer, and prevented him from getting out of the patrol vehicle.

Even after that, even though the defendant was recommended to return home from the above police officer, the defendant spawned with the driver's seat of the patrol car boarding by the above police officer, and spawn with the window for drinking.

Accordingly, the defendant interfered with legitimate execution of duties concerning the protection of the lives, bodies and property of the people, prevention, suppression and investigation of crimes such as 112 reporting affairs by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol to F, C, and G

1. Relevant Article 314 (1) and 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. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act: The circumstances that are favorable to the poor quality of the crime in light of the content and circumstances of the instant crime: the fact that it appears that one’s mistake is against himself/herself, and that it is the first offender.

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