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(영문) 전주지방법원 2020.11.25 2020고단942
업무방해등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. Interference with business;

A. On March 13, 2020, the Defendant: (a) 16:30 on March 13, 2020, in a “D” restaurant operated by the victim C in Yansan-gu, Yansan-si; (b) 15 minutes of the Plaintiff, while taking a bath to the victim at a large interest, and obstructed the victim C’s restaurant business by force by avoiding disturbance, such as a vehicle from several doors.

B. At around 16:45 on the same day, the Defendant continued to enter the victim F, operated by the victim F, who avoided the disturbance, and thereby interfered with the operation of the victim F, by force, by avoiding disturbance, such as bringing the disturbance to the victim F, for a large amount of 10 minutes “F,” on the ground that the Defendant was the victim F, who avoided the disturbance.”

2. 공무집행방해 피고인은 2020. 3. 13. 17:07경 전주시 완산구 E에 있는 방앗간 앞길에서 112신고를 받고 출동한 전주완산경찰서 G지구대 소속 경위 H가 피고인을 업무방해 현행범으로 체포하려 하자 위 H의 팔을 뿌리치며 “이 짭새 씨발놈. 죽여 버린다. 좆같은 새끼야. 씨발새끼들.”이라고 욕설을 하고, 주먹 쥔 손을 머리 위로 들어 올려 위 H를 때리려는 자세를 취하는 등 협박하였다.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the handling of 112 reported cases by police officers and the arrest of flagrant offenders.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each police statement made to F and I;

1. Each statement of C and H;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling Table;

1. Relevant Article 314(1) of the Criminal Act, Article 136(1) of the Criminal Act and the choice of punishment for the crime, and the choice of imprisonment, respectively;

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

1. The sentencing under Article 62(1) of the Criminal Act is as follows.

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