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(영문) 의정부지방법원 고양지원 2020.03.26 2019고단3212
업무방해등
Text

A defendant shall be punished by imprisonment for not more than ten 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 October 5, 2019, at around 22:45, the Defendant: (a) expressed in the front outdoor table of “D” operated by the victim C at Sinung-si B; (b) expressed a desire to “I see this dog, Chewing ........”; and (c) carried out a disturbance, such as following the table in his/her hand and raising an interest thereon.

Accordingly, the defendant interfered with the victim's operation of the restaurant by force between about 15 minutes.

2. Performance of official duties;

A. On October 5, 2019, at around 23:50 on October 5, 2019, the Defendant: (a) was arrested by a flagrant offender by G, etc. who was dispatched after receiving a report of 112 for the same reason as indicated in the foregoing paragraph (1) and was transferred to the said police box; (b) requested the above patroler to affix his signature and seal on a confirmation document, etc. to the said patroler; and (c) taken the above G to the said patroler, the Defendant spited down the above G’s bar.

B. On October 6, 2019, at around 00:10, the Defendant started from the F box as described in the foregoing paragraph (1) and was escorted from the back seat of the patrol police station located in Yellow-ro 513, Yellow-ro, 513, to the Si interest police station, to the Si interest police station by the above patrol officer G, etc. for investigation and transfer of personal belongings, and was seated by the above patrol officer G, etc., who was seated next to the Si interest police station by reason of fire.

Accordingly, the Defendant committed each of the above assault and interfered with the police officer’s legitimate performance of duties concerning crime prevention, suppression, and investigation.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to G, H and C;

1. Application of each on-site photograph, CCTV closures, and CCTV video CD-related Acts and subordinate statutes;

1. The choice of imprisonment with prison labor under Article 314(1) of the Criminal Act and Article 136(1) of the Criminal Act (the point of obstruction of performance of official duties), which is applicable to the relevant criminal facts, and the choice of punishment;

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:

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