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(영문) 서울남부지방법원 2018.12.12 2018고단4907
업무방해등
Text

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

except that the execution of a sentence 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 08:00 on August 20, 2018, the Defendant: (a) tried to make an objection at D User operated by the victim C in Guro-gu Seoul Metropolitan Government; but (b) the Defendant was under the influence of alcohol and returned to the Republic of Korea without having to do so under the influence of alcohol.

In this regard, the defendant found the same day as around 13:30, and 13:30 on the same day, sited in a small door to the other customers, booms the other customers, and threatened the victims, customers, E, etc. with a poppy for about one hour, such as threatening them to talk.

The Defendant, by force, interfered with the victim’s e-mail business.

2. On August 20, 2018, at around 14:45, the Defendant: (a) demanded a police officer G belonging to the F District of Seoul, Nowon-gu Police Station, Seoul, upon receipt of 112 report to disclose his/her status; and (b) demanded a G to threaten G and encourage G to return home; and (c) said G to go home to the Defendant; (d) said G was able to come back on the driver’s seat of the patrol car that he/she driven away from the patrol; and (e) said G was able to come up with the driver’s seat of the patrol car that he/she moved back on the floor; and (e) said G was tight to the left front of the patrol car by leaving it down on the floor; and (e) said G was able to stop the operation of approximately 13 minutes of patrol by putting the bridge into the front side of the patrol car; and (e) placing it into the front side of the patrol car under the patrol.

As such, the Defendant assaulted and threatened police officers G to interfere with legitimate performance of duties concerning the prevention of crimes and maintenance of order in G.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement statement made to G police officers;

1. C’s statement;

1. A report on investigation (the relative investigation of a shote);

1. Investigation report (the relative investigation-2)

1. On-site photographs;

1. Application of statutes on video analysis data for a session of office hours;

1. Relevant Article 314 (1) of the Criminal Act and Article 314 (1) of the Criminal Act (the obstruction of business, the choice of imprisonment), and Article 136 (1) of the Criminal Act (the point of obstructing the performance of public duties and the choice of imprisonment);

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.

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