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(영문) 대전지방법원서산지원 2020.11.25 2020고단485
업무방해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. On March 15, 2020, at around 02:35, the Defendant obstructed the victim’s convenience store business by force for about 15 minutes by avoiding disturbance, such as under the influence of alcohol from the victim C’s convenience store in Jin-si, the Defendant: (a) expressed his employees E a large amount of drinking convenience store calculation; and (b) reduced the goods displayed on the above calculation unit.

2. At around 02:50 on March 15, 2020, the Defendant committed assault, such as assaulting the chest part of the said G, by taking a report of 112 that the principal interfered with the business at the same place as the above paragraph (1) and having received the notification that the principal interfered with the business, the Defendant committed an act of disturbance from the F District G of the Sinjin Police Station G, which called out after receiving a report of 112.

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

Summary of Evidence

[Attachment 1]

1. Defendant's legal statement;

1. The E and C statements;

1. The CD (the second fact);

1. Partial statement of the defendant;

1. Witness G and C’s legal statement;

1. Notification to a department related to 112 Incident Report;

1. The Defendant asserted the determination of the CD Defendant’s assertion that the CD Defendant had no intention to commit assault, only because the Defendant, while under the influence of alcohol, contacted a police officer with his/her shoulder, without any intention to commit assault.

2. According to the testimony of the witness G and the bar campaign image of the judge, the defendant can be found to have faced with the chest part of the police officer's chest part in front of his/her own, along with his/her desire, such as “one time”. As such, the defendant is judged to have committed an intentional act of assault, and it does not seem to have existed in a state of mental disorder in view of the defendant's behavior at the time.

Defendant’s assertion is without merit.

Application of Statutes

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

1. Of concurrent crimes, circumstances unfavorable to the reasons for sentencing under the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act:

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