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(영문) 수원지방법원 안양지원 2021.02.16 2020고단2372
업무방해등
Text

A defendant shall be punished by imprisonment for six 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. The Defendant who interfered with the business of the Defendant is at the convenience store operated by the Victim C on the B 1st floor in Ansan-si from around 01:08 to around 01:15, on September 28, 2020, and without any particular reason, the Defendant shall not be the other party to the B 1st floor under the influence of alcohol.

Doz. Doz. Doz. Doz.

"......" In the event of a disturbance, she obstructed the convenience store business of the victim by force by avoiding disturbance, such as falling the booms, the booms, etc. on the floor of the victim, which had been displayed on the click belt.

2. The Defendant interfered with the performance of official duties on September 28, 2020, when receiving a report from 112 on the F District Parking Lots located in the Gu E during the Ansan-si around Sep. 28, 2020 that “the drunk who was drunk” was called to the site, and arrested the Defendant as a flagrant offender and took the Defendant into the F District during the period of their arrival at the police station F District G, who was called to the site. While taking a bath, the Defendant assaulted G of the f District G, such as: (a) walking the back of the f District G at one time, and walking the bridge at one time.

Accordingly, the defendant interfered with legitimate execution of duties concerning the arrest of police officers in the act of committing a crime.

Summary of Evidence

1. Statement by the defendant in court;

1. To report internal investigation of the police statement C in relation to G, and to the application of each Act and subordinate statute on investigation reporting;

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

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. The fact that the defendant has the record of paying the fine due to the same force on the grounds of sentencing under Article 62-2 of the Criminal Act, the circumstances and the result of the obstruction of duties, the contents of each of the crimes of this case where the defendant assaulted a police officer at once shall be selected, but the execution of the sentence shall be suspended as ordered by the court below;

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