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(영문) 창원지방법원 2020.12.23 2020고단3453
업무방해등
Text

A defendant shall be punished by imprisonment for six 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 October 14, 2020, the Defendant, at around 16:50 on October 14, 2020, was able to avoid disturbance for about 30 minutes while talking to the effect that “I will see that I will see any sound while working and drinking at the D cafeteria operated by the Victim C (M 55 years old), and that I would like to request early harm from the next mebbbable customers and employees.”

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

2. At around 17:30 on October 14, 2020, the Defendant engaged in the obstruction of performance of official duties, at the restaurant as described in paragraph (1) of this Article, the Defendant: (a) sent a report to the police officer affiliated with the Kim Jung-gu Police Station, who called “the drinking guest fright fright fright fright fright fright fright fright fright fright fright fright fright fright,” and (b) committed assault to the police officer, such as “fright fright fright fright fright fright,” “fright fright fright fright fright fright fright fright fright fright fright fright, fright fright fright fright fright fright fright fright

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

Summary of Evidence

1. Application of the police’s written statement C to the defendant’s legal statement E to the police’s written statement photographic Acts and subordinate statutes;

1. Relevant Article 314(1) of the Criminal Act, 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;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of recommended sentences according to the sentencing criteria;

(a) First Crimes (Determination of the Suspension of Performance of Official Duties) / [Article 1] Obstruction of Performance of Official Duties / Forced / [Scope of Recommendation ] Basic Field, 6 months to 6 months of imprisonment;

(b) Class 2 crime (Interference with Business) [Determination of Punishment] Interference with Business. [Type 1]

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