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(영문) 서울남부지방법원 2018.05.09 2018고단127
업무방해등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of a sentence shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 13, 2017, the Defendant: (a) around 22:00, at the D packing end, operated by the Victim C (Inn, 68 years of age) located in Busan Shipping Daegu, the Defendant had an excessive drinking value to pay the drinking value.

By doing so, it was difficult for the victim to have access to the customer by making the victim lives while making the lives, and making it difficult for the customer to do so.

As such, the Defendant interfered with the victim’s packing horse business by force between approximately 20 minutes.

2. The Defendant interfered with the performance of official duties, as described in paragraph 1, committed a pedago on the packaging horse, and the police officer F belonging to E District of the Shipping Station E District was called to the above place.

On October 13, 2017, the Defendant paid the drinking value from the above F and recommended to return home from the above F on October 22, 2017, and took a bath to F and took a bath to F, the Defendant left F’s arms in hand by hand.

As such, the Defendant assaulted police officers F, thereby obstructing the performance of legitimate duties concerning F’s crime prevention, maintenance of order, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement to be prepared;

1. Application of the law of the police statement protocol to F;

1. Relevant Article 314(1) of the Criminal Act (the point of interference with business), Article 136(1) of the Criminal Act (the point of interference with the performance of public duties) and the choice of imprisonment for each crime;

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. Article 62 (1) of the Criminal Act on the stay of execution (including the fact that the degree of assault against a police officer is not excessive, the fact that the defendant is against the police officer, etc.);

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Community Service Orders;

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