(영문) 광주지방법원 2020.02.18 2019고단1870

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자간(%)

(영문) 광주지방법원 2020.02.18 2019고단1870

업무방해

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On May 20, 2019, at around 22:38, the Defendant obstructed the victim’s main operation work by force by resisting the victim’s complaint against the case reported to the police as the Defendant did not pay the ex-ante drinking value. The Defendant, at around 22:38, obstructed the victim’s main operation work by avoiding disturbance for a period of about one hour, including, but not limited to, the case reported to the police by the Defendant without paying the ex-ante drinking value.

Summary of Evidence

1. A protocol of partial police interrogation of the accused;

1. C’s legal statement;

1. On-site-related photographs (as stated in the facts of the crime in the judgment, the defendant only sought a letter from the victim at the main point of the victim's operation, and asserts that there is no disturbance. However, even with the defendant's police statement or photographs taken at the time, the main points at the time are deemed to have been the customers of a few teams, and the defendant also recognized the fact that he visited the main points under the influence of alcohol at the time, and that he made the statement to the victim in a large amount, and it is recognized that the customers at the scene due to the defendant's act were "satisfying". Accordingly, the witness E's legal statement to this different purport is insufficient credibility, and the facts of the crime in the case where the defendant interfered with the main duties by force by avoiding disturbance from the main points of the crime, there is evidence of the crime. Accordingly, the defendant'

1. Article 314 (1) of the Criminal Act and the choice of imprisonment with prison labor concerning the relevant criminal facts;

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant is subject to several criminal punishments for the same crime and does not agree with the victim, and the defendant shall be punished by imprisonment; however, the execution of the sentence shall be suspended in consideration of the degree of the type of force the defendant exercised, and such execution shall be determined as the order

참조조문

-형법 제62조 제1항

-형법 제314조 제1항

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