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(영문) 창원지방법원 통영지원 2019.08.20 2019고단651
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

Around 14:45 on January 15, 2019, the Defendant interfered with business: (a) entered “D” restaurant operated by the Victim C, which was operated by the Victim C, with one female drinking and drinking alcohol; (b) thereafter, the Defendant obstructed the victim’s restaurant’s restaurant operation by avoiding the disturbance of approximately 40 minutes after smoking tobacco on the floor, thereby obstructing the victim’s restaurant operation by force.

On January 15, 2019, at the place indicated in the preceding paragraph, at around 15:45, the Defendant threatened the Defendant with his own drinking, on the ground that the Defendant shouldered the Defendant who was a policeman G belonging to the F District of the Weder Police Station, who was dispatched after receiving 112 a report, and threatened him with his drinking. G intending to remove the Defendant and move the Defendant to the outside of the restaurant by taking the Defendant’s arms to the outside of the restaurant, thereby threatening the Defendant “this spacks, spacks, sprinks, or sprinks,” and h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h.

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. E statements;

1. Investigation report (on-site exit status, etc.);

1. Application of four Acts and subordinate statutes to course a course of closure;

1. Article 314 (1) of the Criminal Act applicable to the relevant criminal facts and Article 136 (1) of the Criminal Act (the point of obstruction of performance of official duties by police officers);

1. Among the crimes of obstruction of the performance of official duties in Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes, the crimes are more serious G.

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