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(영문) 서울동부지방법원 2015.10.23 2015고단2454
업무방해등
Text

A defendant shall be punished by imprisonment for not more than ten 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 May 14, 2015, at around 21:20 on May 14, 2015, the Defendant interfered with the Defendant’s business operation of the victim’s main points by force for about 30 minutes, such as by giving pressure to other customers in the said main points while under the influence of alcohol at “E” operated by the victim D in Seoul Gwangjin-gu Seoul Special Metropolitan City, and by placing tobacco in the drinking residues in the main points, and by saving a cigarette, etc.

2. 강제추행 피고인은 2015. 5. 14 21:40경 제1항 범행 이후 서울 광진구 F에 있는 'G' 주점 출입구에서 계속하여 그곳 직원들 및 손님들을 상대로 행패를 부리다가 신고를 받고 출동하여 피고인의 행위를 제지하는 경찰관 H(여, 25세)에게 "누나, 예쁘게 생겼네. 마음에 든다. 나랑 사귈까. 경찰만 아니었으면 내가 어떻게 하는건데."라고 말하면서 피고인의 얼굴을 피해자의 얼굴 가까이에 들이대고 갑자기 손으로 피해자의 왼쪽 가슴을 그 의사에 반하여 2회 만져 피해자를 강제로 추행하였다.

3. The Defendant engaged in obstruction of performance of official duties at the date, time, and place of the above Paragraph (2) above: (a) the police officer I’s shoulder, who prevented the Defendant from disturbing the Defendant; (b) sold his chest on one hand; and (c) the police officer J, who followed out the dispatch of the support, prevented the Defendant from doing the same act; (d) stated that “the Defendant was able to do so as to do so,” and (e) the police officer, who took out the dispatch of the support, was able to see whether he was able to do so or she was able to do so; and (e) she was sat down by cutting down the fals of J in the future and continuing the K’s Kex.

Accordingly, the defendant interfered with the legitimate execution of duties of the police officer with regard to the handling of 112 reports.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to H, I, J, and D;

1. Application of statutes on site photographs;

1. Relevant Articles 314(1) and 314(1) of the Criminal Act concerning the crime, Article 298 of the Criminal Act, Article 136(1) of the Criminal Act, and the choice of imprisonment as to the crime;

1. The Criminal Act among concurrent crimes.

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