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(영문) 춘천지방법원 영월지원 2021.02.16 2020고단523
업무방해등
Text

A defendant shall be punished by imprisonment with prison labor for four 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 6, 2020, from around 03:56 to October 04:10, the Defendant obstructed the victim’s restaurant business by force by entering a restaurant operated by the victim C in Thai City B, and without any reason, taking the restaurant under the influence of alcohol, and having his employees take a bath at a large interest, and by preventing his employees from preparing for business.

2. Around September 6, 2020, the Defendant damaged the property by gathering food waste from the police officer’s own hand while returning to his house after being returned to the house at the front parking lot of the D apartment apartment E, Taecheon-si on Sep. 6, 2020, and then damaging the above bomb car, which is owned by the victim F, by getting off a bomb car parked around the surrounding area.

3. On September 6, 2020, the Defendant: (a) arrested the police officers at the places indicated in the preceding paragraph at around 04:27, as a current criminal, such as the crime of destroying property; and (b) committed assault by the police officers to walk the police officer G’s right speed and right bucks, etc. on board the police station.

Accordingly, the defendant interfered with legitimate execution of duties concerning the arrest of a flagrant offender by a police officer.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to G and H;

1. A written statement;

1. Application of on-site photographs, CCTV images to a capse photograph, badif photographics to the upper part of the camp, and statutes on photographs of damaged vehicles;

1. Relevant Article 314(1) of the Criminal Act, Article 314(1) of the Criminal Act, Article 366 of the Criminal Act, Article 136(1) of the Criminal Act, and Article 136(1) of the Criminal Act, the choice of imprisonment for a 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 suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of punishment by law: Imprisonment with prison labor for one month to seven years;

2. The scope of punishment recommended according to the sentencing criteria.

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