(영문) 서울북부지방법원 2018.10.31 2018고단3757

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자간(%)

(영문) 서울북부지방법원 2018.10.31 2018고단3757

업무방해등

Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Reasons

Punishment of the crime

[criminal history] On July 20, 2016, the Defendant was sentenced to two years of imprisonment with prison labor for a special injury at the Seoul Northern District Court, and on June 4, 2018, the Defendant completed the execution of the sentence at the Jung Eup prison.

[Criminal facts]

1. On September 7, 2018, from around 02:05 to around 02:20 on the same day, the Defendant: (a) had the victim’s “D” restaurant in Dongdaemun-gu, Seoul; (b) had the victim’s “D” restaurant run in front of the victim’s operation; and (c) had the victim and the above restaurant look at the said restaurant by “I have been incidental to leaving the restaurant by him/her,” and (d) had the victim and the above restaurant take a bath, and (e) had the customer in the said restaurant take a disturbance, such as having the victim and the above restaurant walk in his/her will while taking a bath.

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

2. The Defendant, who interfered with the performance of official duties, committed assaulted by the Defendant, on his hand, at the time and at the place of the above paragraph (1) above, that he was forced to leave the said restaurant after receiving a report from the F in the situation belonging to the Seoul Eastern Police Station E District of the Seoul East-gu Police Station to re-enter the said restaurant, and, on his hand, committed assault by the Defendant, such as “F’s chest she will throw away a fatt, fatt a fatt, and fatt a fatt with his hand.”

Accordingly, the defendant interfered with police officers' performance of duties in relation to 112 report processing.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police with regard to F;

1. C’s statement;

1. 112 A list of reported cases;

1. A report on investigation;

1. CCTV images to be cut;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal history inquiry, sentence and personal confinement;

1. Relevant Article 314(1) of the Criminal Act (the point of interference with business), Article 136(1) of the Criminal Act (the point of interference with the performance of public duties) and the choice of imprisonment for each crime;

1. The Criminal Act for aggravated repeated crimes.

참조조문

-형법

-형법 제136조 제1항

-형법 제314조 제1항

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