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(영문) 전주지방법원 군산지원 2020.06.03 2020고단110
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 November 7, 2019, at around 18:30, the Defendant interfered with the business of the Defendant: (a) went under the influence of “Cju store” located in Yasan City B; (b) the victim D (n, 42 years of age) who is an owner of the business at the place said place, told the Defendant not to drink alcohol; (c) laid the breabbbbbbbing the bed into the floor; (d) booming the bed in the bed; and (e) b) booming the bed down the bed by the Defendant on the floor; and (e) interfered with the victim’s main shop business for about 15 minutes by force, such as preventing two customers under the name of the fluor by leaving the bed and leaving the bed.

2. Obstruction of Performance of Official Duties, the Defendant: (a) expressed the victim’s desire to be asked questions to verify personal information and the circumstances of the case from the victim F (F) who is the circumstances leading to the organization of the 3 team at the Yansan Police Station E District Team, which was dispatched to the site upon receipt of a report at the date, time, time, and place specified in paragraph (1); (b) expressed the victim’s desire to “Ie chron franchis” in a large voice; and (c) caused the victim’s left shoulder one time on one hand, the victim’s shoulder was pushed down.

As a result, the Defendant interfered with the legitimate execution of duties of the victim of 112 Report Case, who is a police official, and at the same time, placed an open top of the hands that requires approximately two weeks of medical treatment to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Written statements of D;

1. Application of Acts and subordinate statutes to a photograph to an investigation report (Evidence Nos. 7, 19, 20), on the spot, a victim's photograph, a diagnosis report, or a photograph to a video;

1. Article 314 (1) of the Criminal Act applicable to the relevant criminal facts, Article 136 (1) of the Criminal Act and Article 257 (1) of the Criminal Act concerning the criminal facts;

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

1. Selection of each sentence of imprisonment;

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. The following circumstances are the reasons for sentencing under Article 62-2 of the Criminal Act of the community service order.

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