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(영문) 서울남부지방법원 2021.02.04 2020고단5693
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. On September 9, 2020, at around 02:30 on September 9, 202, the Defendant obstructed the business operation of the victim’s store by force for about 30 minutes, such as requesting the victim D ( South and 28 years old), who is his/her employee, to show CCTV images, and demanding the victim D (the victim South and 28 years old), who is his/her employee, to refuse to display CCTV images, and threatening the victim as at the time of the victim, threatening the display stand in the above store and scattered the vehicle in the above store.

2. The Defendant committed assault with the victim at the same time, at the same place, and at the same time and place as above, and flickly flicked the victim’s reputation at his hand on several occasions, and flickly flickly fl

3. The Defendant interfered with the performance of official duties, at the same time, at the same place, and at the same time, and at the same place, and at the same time and place, and the Defendant reported 112 by the Defendant, the Defendant called “F (math, south, 53 years old)” to the police officer assigned to the police box of the Seoul Western Police Station Emba, “I swaye, I am dead of her mother, I am dead of her mother, and I am dead of her mobile phone.”

As above, Defendant assaulted police officers to maintain public order and handle 112 reports, thereby hindering police officers from performing their legitimate duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F or D;

1. Application of Acts and subordinate statutes of victim D photographics and written diagnosis of injury (D);

1. Relevant legal provisions for criminal facts, Article 314 (1) (a) of the Criminal Act that obstructs the business set forth in the judgment), Article 260 (1) (a) of the Criminal Act, Article 136 (1) (a) of the Criminal Act, Article 136 (1) (a) of the Criminal Act, and each choice of imprisonment with prison labor, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution. Article 62 (1) of the same Act on the grounds of sentencing as follows;

1. The reasons for sentencing under Article 62-2 of the Criminal Act for protection observation include the Defendant’s age, sex, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, and the circumstances after the crime.

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