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(영문) 인천지방법원 부천지원 2018.12.12 2018고단2740
업무방해등
Text

A defendant shall be punished by imprisonment for 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

[2018 Highest 2740]

1. On August 11, 2018, the Defendant: (a) avoided the victim’s restaurant business by drinking in the “D” restaurant operated by the victim C, 05:00 on August 11, 2018; and (b) interfered with the victim’s restaurant business by force for about 30 minutes.

2. The Defendant obstructed the performance of official duties at around 05:30 of the above day, who was reported at the above place at around 112, and was assaulted by the Defendant by the Defendant’s chest was f on the ground that F was able to wear clothes of the Defendant’s escape and restrain the Defendant’s behavior.

As a result, the defendant interfered with the legitimate execution of duties by the victim on the 112 reported dispatch duty.

[2018 Highest 2780] On July 29, 2018, the Defendant destroyed that the repair cost of KRW 2.50,000 is KRW 2.50,000,000,00,000,000,000,000,000,000.

Summary of Evidence

[2018 Highest 2740]

1. Statement by the defendant in court;

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

1. C’s statement;

1. 112 Reporting case handling table;

1. Investigation report (on-site inspection and CCTV verification) (2018 high group 2780);

1. Statement by the defendant in court;

1. A H statement;

1. Application of statutes on site and CCTV photographs;

1. Relevant legal provisions of the Criminal Act, Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties), Article 314(1) of the Criminal Act (the point of obstructing business), Article 366 of the Criminal Act (the point of obstructing business), and the choice of imprisonment with prison labor for the 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 sentencing conditions indicated in the records, such as the defendant's age, occupation, occupation, sex, family relation, living environment, circumstances leading to the crime, etc., under the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act, shall be determined in full view of the following conditions of sentencing as ordered.

- The Defendant is under the influence of alcohol.

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