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(영문) 광주지방법원 목포지원 2019.03.29 2019고단68
업무방해등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On June 17, 2016, the Defendant was sentenced to ten months of imprisonment with prison labor for obstruction of performance of official duties, etc. in the Gwangju District Court's wooden branch on June 17, 2016, and completed the execution of the said sentence in the Sejong Prison on February 10, 2017.

1. Around 18:40 on January 15, 2019, the Defendant obstructed the victim’s main duty of operation by force for about 30 minutes by having the female customers who drink alcoholic beverages on the side table table, without any reason, under the “Dju” operated by the victim C (the 64 years of age), who had been under the influence of alcohol. Around 18:40 on January 15, 2019.

2. On January 15, 2019, the Defendant of the obstruction of performance of official duties: (a) stated in Paragraph (1) at the D main points of Paragraph (1) on January 15, 2019; and (b) at the D main points, 112 reported to the effect that “the visitors interfere with the performance of official duties without paying the drinking value; and (c) received a notice of penalty payment from F of the police officer assigned to the Bapo Police Station Eabs Police Station from the police officer assigned to the said police officer, who was issued a notice of penalty payment related to the use of a crypt type, the Defendant expressed that “I do not know that I do not have any money; and (d) I do so; and (d) I am spathn with money to the police officer; and (d) I am spathn with the police officer’s booming of the 112 police officer’s boom and interfere with the police officer’s legitimate performance of duties regarding the handling of a report.

Summary of Evidence

1. Statement of the defendant in the first protocol of trial;

1. Statement of the police statement concerning F;

1. A written statement of C and G;

1. Previous records: Criminal records, previous records and results of confirmation of dispositions, and application of the Acts and subordinate statutes governing the judgment;

1. Relevant Article 314 (1) of the Criminal Act and Article 314 (1) of the Criminal Act (Interference with Business, Selection of Imprisonment), and Article 136 (1) of the Criminal Act (the point of obstruction of performance of official duties and the choice of imprisonment);

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Grounds for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes

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