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(영문) 서울남부지방법원 2019.03.06 2018고단6763
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 5, 2018, the Defendant interfered with business: (a) even after the end of the service hours on December 23:30, 2018, the Defendant went through the reduction installed in the underground shopping district in Yeongdeungpo-gu Seoul Metropolitan Government, and unloaded the exit once; (b) the victim C (5 years of age and South) who is a security guard of the Seoul Facilities Management Corporation was about to show the Defendant by opening the entrance entrance door No. 4; and (c) the Defendant was able to avoid the disturbance by putting the exhauster door on his hand, hanging the stack, cutting down the string, placing the strings on the floor,

As a result, the defendant interfered with the facility management work of the victim B underground shopping districts by force.

2. The Defendant of obstruction of performance of official duties committed an assault at the time and place indicated in paragraph (1), and at the time and place indicated in paragraph (1) to the police officers belonging to the Seoul Yeongdeungpo-gu Police Station D Zone D District District of Seoul, Yeongdeungpo-gu Police Station: (a) sent out after having received 112 reports, that “I am home, because I am out of Korea, I am home, because I am out of Korea, I am out of Korea; (b) I am out of Korea, “I am home, so I am out of Korea,” and

Accordingly, the defendant interfered with the legitimate execution of duties concerning the handling of 112 reported cases and the maintenance of order by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of C’s written laws and regulations

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. The reason for sentencing under Article 62(1) of the Criminal Act: (a) has the record of criminal punishment of fines on two occasions due to the following: (b) the reason for sentencing under Article 62(1) of the Act on the Suspension of Execution; (c) the background and content of each of the instant crimes; (d) the degree of damage and assault; (e) the injury has not been recovered; and (e) the crime of causing property damage and bodily injury; and (e) the Defendant’s age

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