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(영문) 제주지방법원 2019.09.19 2019고단1524
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 March 3, 2019, at the main point of “D” operated by the victim C in the seventh floor of the building B in Jeju, around 22:15, the Defendant was unable to avoid disturbance for about 30 minutes until 22:45 on the same day, for the following reasons: (a) on the ground that the alcohol value of the victim, who was requested by the victim after drinking alcohol and drinking alcohol, was too high; (b) the Defendant was able to take a large bath; and (c) food and drink on the tables, etc., all of which were on the tables, were laid down.

Accordingly, the defendant interfered with the victim's main business by force.

2. On March 3, 2019, the Defendant engaged in obstruction of performance of official duties, around 22:35, on the roads front of the building in Jeju, and on the 1112 report due to the act referred to in paragraph (1), the Defendant arrested the Defendant in flagrant offender and walked to the patrol vehicle at the back of the patrol vehicle, walking to the front seat of the patrol vehicle, and opened the sloping E in the front seat of the patrol vehicle, and assaulted the Defendant, such as the vehicle walking to the head of the E’s chest and walking to the left side of the bridge on several occasions.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the handling of police officers' 112 reported cases and arrest of flagrant offenders.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written statement prepared in C;

1. Application of the 112 reported case processing table, receipt, CCTV image caps and field photographs, related video CDs, investigation reports (Attachment to parking and stopping CCTV images), CCTV images-shield photographs, CCTV images CDs, investigation reports (Attachment to police officers’ submitted images), video CDs taken during the process of arresting a flagrant offender, and investigation reports (related to the situation at the time of police officers’ pressure against a suspect);

1. Relevant Article 136(1) of the Criminal Act, Article 314(1) of the Criminal Act, and Article 136(1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

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 (General Considerations favorable to the reasons for sentencing as follows);

1. Social service order under Article 62-2 of the Criminal Act;

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