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(영문) 서울남부지방법원 2017.11.23 2016고단3784
업무방해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

around 03:45 on August 8, 2016, the Defendant 2016 grouped 3784, the Defendant interfered with the victim’s convenience store operation business by raising the disturbance in the way of pressing one table and one chair, which were in front of the above convenience store, on the ground that E is unable to use the toilet on the front of the D convenience store located in Guro-gu Seoul Metropolitan Government.

Accordingly, the defendant interfered with the victim's convenience store operation business.

『2017 고단 4487』 피고인은 2017. 7. 18. 18:40 경 서울 구로구 F에 있는 G 세탁소 앞에서 위 세탁소 주인과 시비가 되어 다투던 중 112 신고를 받고 현장에 출동한 서울 구로 경찰서 H 파출소 3 팀 소속 경위 I로부터 신원 확인을 요구 받게 되자, “ 씹할 놈아! 개새끼야! 좆같은 놈!” 이라고 욕설을 하면서 위 I의 얼굴에 침을 뱉는 등 폭행하였다.

Accordingly, the defendant interfered with the legitimate performance of duties by police officers on the maintenance of public peace and order.

Summary of Evidence

[2016 Highest 3784]

1. Statement by the defendant in court;

1. E statements;

1. A report on dispatch to the scene of a violent incident, on-site photographs (2017 highest 4487);

1. Statement by the defendant in court;

1. Each police statement made to I and J;

1. Application of Acts and subordinate statutes to report on investigation (to hear statements by J and police officers);

1. Relevant Article 314(1) of the Criminal Act, 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 crime of obstructing the execution of official duties of this case was committed against a police officer who was called out to the scene of a laundry without being present even after being served with a writ of summons for the trial. However, the degree of assault exercised during the course of obstructing the performance of official duties is not more severe, and the defendant's age, sex, environment, and the age of the defendant.

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