(영문) 부산지방법원 2020.04.22 2019고단5046

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(영문) 부산지방법원 2020.04.22 2019고단5046

업무방해등

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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. On July 1, 2019, the Defendant: (a) around 03:40 on July 1, 2019, at the main point of “D” operated by the victim C in Busan-gu, Busan-gu, without any justifiable reason, told other customers to take a bath; and (b) caused customers to boom a disturbance for about 20 minutes in a way of throwting cigarette butts, cups, horses, etc.

Accordingly, the defendant interfered with the main operation of the victim by force.

2. On July 1, 2019: around 04:15, the Defendant was arrested as a flagrant offender with the crime of interference with business, etc., who was called out after receiving a report from 112 on the place as stated in the foregoing paragraph (1) that “I wish to breath with another customer” was arrested on the part of F, etc., who was called out.

At around 04:30 on the same day as the Defendant was on board the patrol vehicle, the Defendant arrived in front of the E District G in Busan, Busan, and did not comply with the demand of H, such as “I ambling to the police or the house knife,” while taking a bath to “I ambling to the knife of knife,” and the above H knifeed the knife part of the above H’s hand floor to let the Defendant knife.

On the other hand, the Defendant continued to be transferred to the front seat of the Defendant, and continued to be present at the front seat of the Defendant, and was able to keep the front seat of the Defendant.

As a result, the defendant interfered with the legitimate execution of police officials' arrest of flagrant offenders.

Summary of Evidence

1. Partial statement of the defendant;

1. Protocol of examination of the witness to F and H;

1. Statement of the police officer to I;

1. The Defendant asserted that the Defendant constituted self-defense merely made passive defense against police officers to resist the illegal arrest of a flagrant offender, excessive performance of official duties, and sexual indecent act, with the view to: (a) the damaged flag photograph, each image flag photograph, each image flag, and the CCTV CD. Therefore, based on each of the above evidence, the Defendant is acknowledged as follows.

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