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(영문) 서울서부지방법원 2018.05.02 2018고단721
업무방해등
Text

A defendant shall be punished by imprisonment for four 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 February 28, 2018, at around 18:45, the Defendant: (a) obstructed the victim’s main main business by force by avoiding disturbance for about 20 minutes, such as committing noise, and obstructing the victim’s main business by force. In light of the victim’s husband’s intention, the Defendant: (b) took the table, which demanded the victim’s husband to pay the drinking value in his/her hand, without paying the drinking value after drinking alcohol; (c) caused the victim’s his/her husband to devise his/her illness; and (d) continuously demanding the victim and his/her husband to pay the drinking value.

2. The Defendant obstructed the performance of official duties at the same date, time, and at the same place as the above 1. paragraph, and at the same time as above D, assaulted the right face of the above G at one time, on the hand of the police box belonging to the Seodaemun-gu Seoul Police Station, Seodaemun-gu, Seoul, who called to the scene after receiving a report that “I am spacing and spacing a sick person without paying the drinking value,” on the ground that G does not pay the drinking value to Defendant.

Accordingly, the defendant interfered with legitimate execution of duties concerning the suppression of police officers' crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to G and D;

1. Relevant Article 314 of the Criminal Act, Articles 314 (1) and 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), and the choice of imprisonment with prison labor for the 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. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution: (a) assaulting a police officer who performs official duties without any justifiable reason, and the nature of the crime is not good; (b) assaulting and punishing a restaurant proprietor and a taxi engineer under the influence of alcohol before each of the crimes of this case: The defendant is recognized and against each of the crimes of this case; (c) the victim of the obstruction of business expressed his/her intention not to punish the defendant; and (d) the defendant's age, sex behavior, career, home environment.

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