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(영문) 창원지방법원 2020.06.12 2020고단1333
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. 업무방해 피고인은 2020. 4. 4. 01:50경 김해시 B에 있는 C편의점에서 편의점 종업원인 피해자 D에게 “야 이 씹할놈아, 개새끼야, 뭘 보노 씹할놈아”라고 욕설을 하면서 카운터 너머로 손을 뻗쳐 피해자의 멱살을 잡으려고 하는 등 약 15분간 소란을 부렸다.

Accordingly, the defendant interfered with the convenience store business of the victim by force.

2. On April 4, 2020, at around 02:20, the Defendant used the convenience store as indicated in paragraph (1) and called 112 at the Kimbu Police Station E-gu, Kimbu, who requested her home from F member of the E-gu, Kimbu Police Station to “the bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch,” and assaulted her finger F’s chest and her chest on several occasions.

Accordingly, the Defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F and D;

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

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

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of recommended sentences according to the sentencing criteria;

(a) First Crimes (Determination of the Suspension of Performance of Official Duties) / [Article 1] Obstruction of Performance of Official Duties / Forced / [Scope of Recommendation ] Basic Field, 6 months to 6 months of imprisonment;

(b) Class 2 crime (Interference with Business) [Determination of Punishment] Obstruction of Business Affairs (Type 1] Obstruction of Business Affairs: Reduction element (including a serious effort to recover damage): Reduction range] mitigation area, imprisonment with prison labor for one month to eight months;

(c) Scope of recommendations according to the standards for handling multiple crimes: Imprisonment for six months to one year;

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