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(영문) 서울서부지방법원 2017.08.23 2016고단3674
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 18, 2016, at around 02:30 on October 18, 2016, the Defendant obstructed the Defendant’s business, “D” in the trade name “D” operated by Mapo-gu Seoul Mapo-gu Seoul (hereinafter referred to as “D”), was under the influence of alcohol, and the Defendant was able to avoid disturbance for about two hours, including, but not limited to, the victim’s sexual customers who were in a drinking house, “I am h, I amh, and I amh amh,” while making the victim’s sexual customers who were in a drinking house “under the influence of alcohol value.”

Accordingly, the defendant interfered with the operation of the victim's main points by force, such as making the customers who drink the alcohol on the job at the above main points.

2. The Defendant continued to interfere with the performance of official duties, while avoiding disturbance at the place specified in paragraph 1, and received a report around 04:36 on the same day from the police officer F (30) who belongs to the Mapo Police Station E (30) who arrived at the above drinking house and received a recommendation to return home to the police officer to the police officer’s home at the above drinking house, and assault the above police officer, such as: (a) the Defendant: (b) stated, “I will see that I will go back to the police officer’s home; (c) I will walk off seven times the course of the police officer’s discipline; and (d) when I would turn off the boom of the police officer at one time by hand.”

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

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Application of laws and regulations on police statements made to C and F;

1. Article 314 (1) and Article 136 (1) of the Criminal Act (the point of interference with the performance of official duties) concerning facts constituting an offense;

1. Selection of each sentence of imprisonment;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

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