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(영문) 청주지방법원 충주지원 2019.08.13 2019고단338
업무방해등
Text

A defendant shall be punished by imprisonment with prison labor for up to 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. On June 1, 2019, at around 18:10, the Defendant obstructed the victim’s marina business by force for about 12 minutes until the police officer was dispatched, on the ground that the victim D (the 48-year-old age), who was the cause of the Defendant’s occupation within C, was able to make himself rice fit for himself as a customer.

2. On June 1, 2019, around 18:22, the Defendant: (a) expressed to the police officer the position F of the Chungcheong Police Station E Zone E-gu, which was dispatched to the site after receiving the said D’s report; and (b) expressed to the outside of the relevant gar, the Defendant expressed to the said police officer the following: (a) “I ambling the same string, sweed, sweed, sweed at the same son, sweed, sweed at the rank sweed, and sweed at one time; and (b) ambling part of the said G at one time after having sweed the chest of the sweed G in his hand.

Accordingly, the defendant assaulted police officers and interfered with legitimate 112 reporting processing affairs.

Summary of Evidence

1. Defendant's legal statement;

1. Each police officer's statement about D and G;

1. Application of CCTV image CD-related Acts and subordinate statutes;

1. Relevant Article 314(1) of the Criminal Act and Article 136(1) of the Criminal Act (Interference with Business, Selection of Imprisonment, and Selection of Imprisonment) concerning criminal facts;

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. The punishment shall be determined by taking into account the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act, the background of the crime, the method and degree of obstruction of performance of official duties, the fact that the victim expressed his/her intent not to be punished, the record of the crime, the circumstances after the crime,

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