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(영문) 서울북부지방법원 2021.03.05 2020고단5119
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 19, 2020, from around 19:40 to 20:00 of the same day, the Defendant interfered with the business, at the main point of “D” operated by the victim C in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, and on the ground that the Defendant was refused to provide the victim with the alcohol, whether the Defendant should not be given the victim with the alcohol if he requested to provide the alcohol.

보지나 핥아 라, 씨발 년 아. ”라고 큰소리로 욕설을 하고, 계속하여 소리를 지르는 등 소란을 피웠다.

Accordingly, the Defendant interfered with the victim's main business by force.

2. The Defendant interfered with the performance of official duties, upon receiving a report from 112 that he franks at a drinking house at the time and place specified in paragraph (1), was sent to the place, and received a check from the assistant F of the police box affiliated with the Seoul East-gu Seoul East Police Station E (Seoul) Police Station, and received a check from the above F

“In doing a bath, F’s body was filled by fingers, and F’s body was shicked by hand, and F’s body was shicked by hand at one time.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the handling of reports and criminal investigations by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. C’s statement;

1. Application of the Acts and subordinate statutes concerning a CCTV image closure photograph;

1. Relevant Article 314 (1) of the Criminal Act and Article 314 (1) of the Criminal Act (the point of interference with business, the choice of imprisonment), and Article 136 (1) of the same Act (the point of interference with the performance of public duties and the choice 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;

1. It is an unfavorable circumstance that the crime is not good due to a crime committed by a female employer with the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act, and obstructing his/her business, and assaulting a police officer dispatched after receiving 112 report.

The fact that all of the crimes are recognized and reflected, and there is only a smooth agreement with the victim with the obstruction of business.

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