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(영문) 서울북부지방법원 2018.06.20 2017고단1161
업무방해등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

1. On February 2, 2017, at the D convenience store operated by the victim C in Seongbuk-gu Seoul Metropolitan Government on February 2, 2017, the Defendant: (a) expressed that the victim who was under the influence of alcohol was locked, and expressed that the victim was her 12, and reported the victim’s 112; and (b) recommended F, a police officer belonging to the Seoul Frane Police Station E Zone in Seoul, to return home to the Defendant, the Defendant, who was dispatched to the said facility, she saw that “I am home” she saluted, “I am, cut, Ra, and ki,” and saluted the cold frith, walking the door of the air conditioners, and lowered the objects of the air conditioners and displayed by the air conditioners.

Accordingly, the Defendant interfered with the victim's convenience store operation by force.

2. The Defendant interfered with the performance of official duties, at the time, at the places specified in paragraph 1, and at the above 112 places, walked knee knee twice to invite the Defendant to return to the Republic of Korea, and continued to walk knee knee of the said F, such as walking the door of the cooling friger at hand, was to arrest the Defendant as a current offender interfering with the Defendant’s business, and the Defendant was faced with the face of the said Frhum with his head.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the maintenance of order and suppression of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement with respect to C and F;

1. Application of Acts and subordinate statutes to a report on investigation (verification of CCTV at source);

1. 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 selection of imprisonment with prison labor for a crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The Defendant asserts to the effect that the Defendant was in a state of mental and physical weakness by drinking alcohol at the time of committing each of the instant crimes.

The above evidence is admitted.

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