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(영문) 서울남부지방법원 2019.02.15 2018고단6025
업무방해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. Around September 23:40 on September 8, 2018, the Defendant, a special assault victim, Dacheon-si, D main points operated by the Victim C (Nam, 35 years of age) located in Bupyeong-si, B, without any justifiable reason, she dumpeded on the table, and dumpeded on the table, and dumped on the table, and dumpeded on TV, which was a dangerous object outside the table, and dumped on the table, she dumpeded up to the victim E (Nam, 31 years of age) who dumped alcohol at that place.

The Defendant, by force, obstructed the victim C’s main business, carried dangerous objects, and assaulted the victim E.

2. On September 9, 2018, the Defendant was arrested as a flagrant offender and moved to the district on September 0005, 2018, to police officers G, etc. belonging to the F District Unit of the Busan District Police Station, 112 reported due to the crime as stipulated in paragraph (1).

On September 9, 2018, the Defendant: (a) around 00:10 on September 9, 2018, in front of the F District of the Busan, Seocheon-si Police Station H, Seocheon-si, and (b) took the Defendant into the earth, and (c) took care of the defect that G attempted to bring the Defendant into the earth, and (d) took care of G’s chest part in hand.

As such, the Defendant assaulted a police officer G and interfered with the legitimate execution of duties concerning G criminal investigations, etc.

Summary of Evidence

1. Partial statement of the defendant;

1. Protocol of the police statement concerning G;

1. A written statement of C and E;

1. A report on investigation;

1. The results of the reproduction of CCTV image CDs;

1. A working place in the F District;

1. 112. List of reported cases;

1. Photographs of the victim;

1. On-site photographs;

1. Application of CCTV Acts and subordinate statutes;

1. Relevant Article 314(1) of the Criminal Act and Article 314(1) of the Criminal Act (Interference with Business, Selection of Imprisonment), Articles 261 and 260(1) of the Criminal Act (the occupation of assaulting carrying dangerous objects, the choice of imprisonment), and Article 136(1) of the Criminal Act (the occupation of obstructing performance of duties and the choice of imprisonment) of the same Act

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. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of recommendations according to the sentencing criteria; and

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