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(영문) 서울북부지방법원 2020.05.14 2019고단5435
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

Criminal facts

1. On September 24, 2019, at around 02:30 on September 24, 2019, the Defendant interfered with the business, at “D” restaurant operated by the victim C in Dongdaemun-gu Seoul, the Defendant collected water circulations on the floor of the table, and took the bath to other customers, such as “sprinking and vine sprinking” under the influence of alcohol, and boomed the time expenses from employees E, thereby interfering with the victim’s restaurant business by force.

2. On September 24, 2019, at around 02:55, the Defendant insultingd the victim by openly citing the victim’s “scambling, sprinking,” and “I ambling out” to the place indicated in paragraph (1), and “I ambling, I ambling,” which was called “I ambling, I ambling,” which was called “I ambling, I ambling,” which was called “I ambling, I ambling,” and “I ambling.”

3. On September 24, 2019, the Defendant: (a) around 03:00 on the road of “D” as indicated in paragraph (1); (b) requested H, a police officer affiliated with the Seoul Eastdong Police Station Fabs that received 112 report and dispatched, to return home; and (c) assaulted H’s clothes at one time as drinking.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. The police statement of H;

1. Each statement of E and I;

1. Investigation report (E telephone statement hearing report, evidence list No. 19, 24);

1. Application of Acts and subordinate statutes to CDs (on-site CCTVs, documentary evidence images, recording files);

1. Relevant Article 314(1) of the Criminal Act, Article 311 of the Criminal Act, Article 136(1) of the Criminal Act, Article 136 of the Criminal Act, the choice of imprisonment for the crime

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;

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