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(영문) 서울남부지방법원 2017.07.05 2017고단2359
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On May 6, 2017, from around 19:20 to 20:25, the Defendant, who interfered with his/her duties, she sawd the victim C’s alcohol in Gangnam-gu Seoul with a large interest without any reason while drinking alcohol in D operated by the victim C in Gangnam-gu, Seoul, with a large interest, boomed the inside alcohol, etc. on the floor of the table, and boomed the noise upon the request for continuous drinking, thereby allowing the customers from leaving a disturbance, or preventing them from going to enter.

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

2. The Defendant obstructed the performance of official duties at the above date, at the above place, received a request for the pertinent statement from the police officer F of the police box F of the Gangnam Police Station E of the Police Station, who was called out after receiving a report of 112 for the said reasons, and took a bath to the police officer G, and continued to display three times a part of the above F’s right shoulder to the above F’s face, and continued to keep the F’s left face to the police officer G with his face.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers concerning 112 reporting handling duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of C’s written laws and regulations

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

1. The reason for sentencing under Article 62(1) of the Criminal Act in the suspension of execution is that the Defendant again committed the instant crime without being aware of the fact that he/she had been punished several times of violent crimes, even though he/she had been sentenced to a fine, and the circumstances and methods of the Defendant’s committing the instant crime are inferior, and that the Defendant’s crime of obstructing the performance of official duties is highly likely to be punished by an act that obstructs public authority and disturbs legal order

In addition, the defendant's age, sex and behavior are considered as a favorable condition for the defendant's reflection, the agreement with the victim C, and others.

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