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(영문) 의정부지방법원 2019.09.20 2019고단2335
업무방해등
Text

A defendant shall be punished by imprisonment for not less than five 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 April 21, 2019, at around 00:59, the Defendant: (a) visited the victim C’s main points of the Victim C’s operation in Macheon-si, Macheon-si; and (b) obstructed the victim’s main business by having the victim talked with the victim on the following grounds: (a) on the ground that the Defendant’s additional order for boomed to boomed, and the victim was the victim’s right to do so; (b) “I will ignore women’s human rights”; and (c) “I am flabbbbbbbbbbbbb,” and interfered with the victim’s main business by force of approximately 30 minutes.

2. The Defendant reported the above date, time, and place of obstruction of performance of official duties and received 112 reports and demanded the F to retire from the police officer belonging to the Wancheon Police Station E District Unit of the Wancheon Police Station, who was called to the scene, to resign from the scene, and assaulted the F by having the said F’s knick with his hand one time.

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to F and C;

1. Article 314 (1) of the Criminal Act and Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

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

1. Taking into account the following circumstances: (a) the reason behind the suspended sentence under Article 62(1) of the Criminal Act is against the reason for sentencing; (b) the Defendant was suffering from the depression; (c) currently endeavoring to treat the depression; (d) agreement with the victim C; and (e) the fact that the Defendant was punished by a fine for drunk driving in 2005; and (c) there

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