logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 서산지원 2018.01.12 2017고단977
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 27, 2017, from around 01:00 to around 02:13 of the same day, the Defendant interfered with the victim’s main business by force, such as: (a) coming into a place with the main points of “C” located in Seosan City-si B; (b) having a large number of unspecified customers and victims D (V, 34 years of age) who are the main owners of the business; (c) having the victim take a bath, and having the victim take a bath, and making it difficult for them to find out the snow, and continuously interfered with the victim’s main business by force.

2. On September 27, 2017, at the place indicated in paragraph 1 around 01:29, the Defendant received 112 reports that the Defendant interfered with the main business, as described in paragraph 1, and was solicited to return home from G, because the Defendant was under the influence of alcohol from G, F, and policeman called out.

그럼에도 피고인은 그 자리에서 가게 문 앞을 가로막고 경장 F에게 " 너 이 새끼, 맞짱 뜨자 "라고 말하며 주먹을 쥐어 때릴 듯이 행동하고, 이후 위 주점 앞 노상에서 " 내 동생 건들지 마라, 이 씨 발 새끼들 아 "라고 소리치며 경장 F의 멱살과 복부를 잡아 수회 흔들고, 피고인의 범행 장면을 촬영하던 순경 G에게 " 꺼 이 씨 발 새끼야" 라며 달려 들어 왼손으로 순경 G의 목을 가격하고 할퀴었다.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the 112 case handling and arrest of flagrant offenders.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police with respect to G or F;

1. Written statements of D;

1. Application of Acts and subordinate statutes attached to the report processing slip of 112 Incident, E district service log, field photographs, and mobile phone site images;

1. Article 314(1) of the Criminal Act applicable to the facts constituting an offense; Article 136(1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

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. Determination of the Defendant’s assertion under Article 62(1) of the Criminal Act is made.

arrow