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(영문) 서울중앙지방법원 2020.07.21 2019고단8349
업무방해등
Text

A defendant shall be punished by imprisonment for not less than eight 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 29, 2019, from around 21:00 to 21:10 on the same day, the Defendant interfered with business, without any justifiable reason, brought about the cell phone of another customer in the “D” restaurant operated by the victim C in Jung-gu Seoul Metropolitan Government, and brought about about about about about about about about 10 minutes of the disturbance, such as “I see only once I see, I see, and end, I see, I am out of the restaurant.”

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

2. In relation to the Defendant’s disturbance at the same date, time, and place as stipulated in Paragraph 1 of this Article, the Defendant was at the time and place of the obstruction of performance of official duties, and was dispatched to the scene after receiving a report of 112, from F of the police box affiliated with the Seoul Central Police Station E box, and the Defendant obstructed the Defendant’s above actions, and the said F of F of F by drinking.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

3. Around September 29, 2019, the Defendant 21:15 voiced the victim F, “In order to punish him/her as he/she has been dissatisfy, and as such, he/she will not do so if he/she will do so.”

Accordingly, the Defendant openly insultingd the victim.

Summary of Evidence

1. The police statement concerning F;

1. A written statement in C and G preparation;

1. Application of Acts and subordinate statutes to accusations, investigation reports (field investigation), investigation reports (on-site telephone conversations for witnesses), CCTV images and closures, investigation reports (on-site confirmation and victim C statements);

1. Relevant Article 314(1) of the Criminal Act, Article 314(1) of the Criminal Act, Article 136(1) of the Criminal Act, Article 311 of the Criminal Act and the choice of imprisonment for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order;

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