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서울동부지방법원 2017.07.10 2016고단336
업무방해등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Obstruction of business;

A. From around December 23, 2015, the Defendant committed the crime of December 23, 2015, around nine minutes from around 23:51 to around nine minutes in the parking lot exit located underground of the Songpa-gu Seoul building C, the Defendant avoided the disturbance and prevented another car from driving the car by getting out of the disturbance by, for the reason that D in charge of parking lot managers demand the payment of parking fees and raise the vehicle blocking.

Accordingly, the Defendant interfered with the parking management of parking managers D by force.

B. On December 24, 2015, the Defendant: (a) from around 23:44 to around 55 minutes on December 24, 2015, the Defendant avoided a disturbance and prevented another car from driving the car while getting out of the disturbance by getting out of the disturbance, such as having been seated on the 5-line driver’s seat for his driving and continuously sounding the horn, in the parking lot exit located underground in Songpa-gu Seoul building C, Songpa-gu, Seoul; (b) on the ground that D in charge of parking lot managers demand the payment of parking fees and does not raise the vehicle break.

Accordingly, the Defendant interfered with the parking management of parking managers D by force.

2. A defendant who interferes with the performance of official duties on December 25, 2015, Paragraphs (1) and (2) around 00:40

B. In the recorded place, customers are suffering from disturbance without paying parking fees.

’ 는 112 신고를 받고 현장에 출동하여 피고인을 승용차에서 내리게 하기 위해 운전석으로 들어가는 서울 송 파 경찰서 E 지구대 소속 경위 F에게 욕을 하며 발로 F의 왼쪽 정강이를 3회 걷어찼다.

Accordingly, the defendant interfered with legitimate execution of duties concerning the handling of reported cases and the maintenance of public order by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Each police statement made to D or F;

1. A criminal investigation report (on-site CCTV verification), CCTV video CDs;

1. Application of each statute on photographs;

1. Article 314(1) of the Criminal Act (the point of interference with business) and Article 136 of the Criminal Act, respectively, shall apply to the pertinent criminal facts and the choice of punishment.