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(영문) 서울남부지방법원 2020.01.22 2019고단5695
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 became final and conclusive.

Reasons

Punishment of the crime

1. On November 4, 2019, at around 11:10 on November 4, 2019, the Defendant: (a) was unable to avoid an disturbance for about 20 minutes, including, without any reason, the victim C in Geumcheon-gu Seoul, taking a bath in the roof boomer shop; (b) “Wing away, Chewing, Chewing,” etc., and (c) the victim was pushed the victim, and entered into the said street shop.

Accordingly, the Defendant interfered with the business of the street store by force.

2. The Defendant, at the date, time, and place specified in Paragraph 1. Paragraph 1., and at the place of the obstruction of performance of official duties, recommended the Defendant to return home to the police officer, who is a police official belonging to the Seoul Geumcheon Police Station D District District Unit, dispatched after receiving 112 a report, and recommended the Defendant to return home due to the same circumstance as Paragraph 1., the Defendant 1.

As a result, the defendant interfered with the legitimate execution of duties of police officers in relation to 112 reported duties.

3. The Defendant, at the time and place as indicated in paragraph 1.1., i.e., “the male breabbbbbbbbbbbbbbbbbbbbbbbbbb,” i.e., the victim E, a police official belonging to the Seoul Geumcheon Police Station D District District Police Station, who was dispatched after receiving 112 report, took a view of the victim’s public insult, such as “I am fat, e.g., E, a police official belonging to the Seoul Geumcheon Police Station D Districtbbbbbbbb

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. C’s statement;

1. A complaint filed by E;

1. Investigation report (to hear statements in the F.m.);

1. Application of video CD-related Acts and subordinate statutes;

1. Relevant Article 314(1) of the Criminal Act, Article 314(1) of the Criminal Act, Article 136(1) of the Criminal Act, Article 311 of the Criminal Act and the choice of imprisonment for the crime;

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

1. Suspension of execution;

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