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(영문) 광주지방법원 2018.09.28 2018고단2696
업무방해등
Text

A defendant shall be punished by imprisonment for four 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 June 26, 2018, the Defendant interfered with the Defendant’s business by force between approximately 20 minutes and interfered with the victim’s multiple functions by avoiding the disturbance from “a multi-face” operated by the victim C (V, 59 years of age) in Gwangju Dong-gu, Gwangju-gu without any reason.

2. The Defendant interfered with the performance of official duties on the ground that the Defendant was forced to go out of the multi-faceted and attempted to go back to the house of the Defendant on the ground that the circumstances E (50) belonging to the D District, who was called out after receiving a report of 112 with the above contents at the date, time, and place under the above 1.1.

C. While taking the desire to “E”, I tried to start one time by hand and continuously display a food once, and assault E’s face, which was used in front of G in the same Gu F, 10 meters away from the tea, and the face of E was assessed once by a dog being used in front of G in the same Gu F, the 10 meters away from the tea.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to the receipt and handling of 112 reports.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police for E;

1. C’s statement;

1. Application of Acts and subordinate statutes to on-site photographs and investigation reports (on-site mobilization status, etc.);

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 public duties) and the choice of imprisonment for each 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 suspension of execution ( normal consideration, such as the confession, reflectivity, and fine that has no particular criminal record, in addition to those subject to a punishment once by a fine);

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