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(영문) 대전지방법원 2018.11.14 2018고단3021
업무방해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. 업무 방해 피고인은 2018. 3. 17. 00:00 경 세종 B 아파트 후문 경비 초소에서, 술에 취하여 아파트 경비업무를 하고 있던 경비업체 직원인 피해자 C에게 ‘D에게 연락을 해 달라 ’라고 하다가 연락이 되지 않자, ‘ 여기 소장이 누구야, 내가 몇 마디 하면 다 껌뻑 죽는다 ’라고 하면서 시비를 걸 다가 초소에서 잠을 잘 테니 나가라 고 하며 피해자를 초소 밖으로 밀어 내보냈다.

Accordingly, the Defendant interfered with the victim's apartment guard business by force for about 30 minutes.

2. On March 17, 2018, at the same place as above, the Defendant: (a) was asked about personal information from F of the police box belonging to the Sejong Police Station Embox, G, and requested the above police officer to return home upon receiving a report of 112 stating, “I am going to the guard at the front of the guard at the guard; (b) I am to say, “I am to bit bit bit bit bit bit bit bit bit bit bit bit bit son, I am to do so; and (c) I am to the F to stop this; and (d) after I am to the front of the police box, I am to see that I am to see that I am to the front of the police box, and that I would not go to go to the front of the police box, and that I am to go to the front of the police box by failing to go to perform the patrol.”

Accordingly, the Defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to G, F, and C;

1. Each investigation report (a list of evidence);

6. The application of the legislation No. 7)

1. Article 136 of the Criminal Act applicable to the crime, Article 136(1) of the Criminal Act that prevents the performance of official duties (the point of obstructing the performance of official duties, the choice of imprisonment), and Article 314 of the Criminal Act.

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