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(영문) 서울북부지방법원 2019.09.20 2019고단2225
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 becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 22, 2019, the Defendant interfered with business: (a) around 15:20 on April 22, 2019, at C Cooperatives located in Jung-gu Seoul Metropolitan Government, the Defendant interfered with the business of the Victim D, an employee of which was filed a civil petition that the cash withdrawal from the Defendant does not take place, shows his/her identification card to the Defendant in order to assist the Defendant to take cash withdrawal; (b) the victim expressed his/her identification card to the Defendant; and (c) the victim expressed the victim’s voice with the large voice called “picker’s horse fright, fright, bit of bitch bitch bitch bitch bitch

2. At around 15:40 on April 22, 2019, the Defendant committed an act of obstruction of performance of official duties against the Defendant, on the following occasions: (a) 112, that “Around April 22, 2019: (b) the Defendant: (c) sent to the said C Association, after receiving a report from 112, expressed that “the customer in a state of drinking to visit the bank, she visited him/her for a disturbance and riot; and (d) the Seoul Central Telecommunication Police Station Estation guard who called “sponse”, and (e) assaulted the F in order for the F to arrest the Defendant as a flagrant offender for interference with his/her duties on two occasions by hand; and (e) assaulted F’s chest on one-time bridge

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F and D;

1. Each statement of G and H;

1. Application of the Acts and subordinate statutes on photographic images after an investigation report (to be accompanied by CCTVs of the cooperative and CCTV images taken by victims);

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. The crime of obstructing banking operations by force of the accused for sentencing under Article 62-2 of the Social Service Order Criminal Act, and obstructing police officers' performance of official duties dispatched after receiving 112 reports shall not be minor;

However, it appears that the defendant recognized each of the crimes of this case and reflected.

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