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(영문) 춘천지방법원 영월지원 2019.06.04 2019고단74
업무방해등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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 February 13, 2019, at around 19:30 on February 13, 2019, the Defendant: (a) was under the influence of alcohol in the “D” restaurant operated by the victim C, which is located in Gangseo-gun, Gangwon-gun; (b) the victim C paid and demanded food value; (c) the victim C was able to avoid disturbance, such as destroying two chairs among them on the floor; (d) the victim E (23) who is the customer of the said restaurant was able to control the Defendant; and (e) the victim E (23 years old) was fluencing the part of the victim E by hand.

Accordingly, the defendant damaged the victim C's property, assaults the victim E, and interfered with the operation of the cafeteria of the victim C.

2. The Defendant committed an act of obstruction of performance of official duties on the part of the Defendant, on the same date and time as the above paragraph (1) above, and at a place where 112 was reported and the circumstances leading up to the F District Unit of the Eunpyeong Police Station F District, who was dispatched to the Defendant, expressed a bath to G himself, who was asked the Defendant personal information, and committed an assault against G by defending him/her on his/her hand.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E, C, and G;

1. A H statement;

1. Application of Acts and subordinate statutes to on-site photographs and parts damaged by chairs;

1. Relevant Article 366 of the Criminal Act, the choice of punishment for the crime, Article 366 of the Criminal Act, Article 314 (1) and Article 260 (1) of the Criminal Act, Article 136 (1) of the Criminal Act, Article 136 (1) of the Criminal Act, and the choice of imprisonment for each sentence;

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

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 applicable sentences under law: Imprisonment with prison labor for one to seven years;

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

(a) Nos. 1 (Interference with Business) (Decision of Sentencing), interference with business (Type 1).

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