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(영문) 청주지방법원 영동지원 2017.05.25 2017고단59
업무방해등
Text

A defendant shall be punished by imprisonment with prison labor for up to 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. Around April 16, 2017, around 17:15, the Defendant, along with D, went to the G car page operated by the Victim F (F, 52 years old) E in Chungcheongnam-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong, and D said D as “Seman Satch Satch Satch-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong,” and the Defendant heard the word “Isk for funeral” from the victim.

이에 피고인과 D은 화가 나, D은 피해자에게 “ 씨 발년, 개 같은 년, 좆같은 년” 이라는 등의 욕설을 하고, 피해자에게 다가와 계산대 테이블에 있는 이쑤시개 통을 바닥에 집어 던지고, 테이블 위에 있는 설탕 그릇을 피해자를 향하여 집어 던지려는 시늉을 하고, 피고인은 이에 가세하여 피해자에게 “ 씨 발년 장사도 안 할거 면서 문은 왜 열어 놔” 라는 등의 욕설을 하고, 손으로 피해자의 머리 부분을 때리는 등 약 20분 동안 소란을 피웠다.

Accordingly, the Defendant conspiredd with D to interfere with the carpet business of the victimized person by force.

2. On April 16, 2017, the Defendant interfered with the performance of official duties by customers in the above G car page around 18:00, not selling alcoholic beverages.

The above F's 112 report was sent to the site by the police officer I of the Dong-dong Police Station, who was asked by the police officer I of the police box belonging to the Dong-dong Police Station, who was sent to the site after being reported by F, about the circumstances of the case, etc., he saw I to be pushed away from the Kafa, and the part on the I's left chest part was 2 times.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D by the prosecution;

1. Statement made by the prosecution against the F;

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

1. Application of Acts and subordinate statutes to damaged photographs and field photographs;

1. Relevant legal provisions of the Criminal Act, Article 136(1) of the Criminal Act (Interference with the performance of official duties), Articles 314(1) and 30 of the Criminal Act, and Articles 136(1) of the Criminal Act, the choice of imprisonment for a crime;

2. The former part of Article 37 of the Criminal Code, and Article 38.

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