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(영문) 전주지방법원 남원지원 2019.08.13 2019고단78
업무방해등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. Around 00:40 on April 25, 2019, the Defendant interfered with business: (a) while drinking alcohol in the “D” entertainment tavern operated by the Victim C (A, 57 years of age) (hereinafter “D”), the Defendant expressed, without any particular reason, the victim’s desire to prevent funeral services from being performed from the date on which he/she sing down the invoice when he/she demanded the victim to dry and calculate the invoice; (b) he/she expressed, “A, E, E, E, E, E, E, E, E, E, E, E, E, E, E, E, E, E, and E, E, by having the victim leave the disturbance, and interfered with the victim’s main duty by force for about 20 minutes.

2. On April 25, 2019, the Defendant refused a request to return home from a police officer dispatched upon receipt of a report, and continues to give a bath to the police officer in mobilization, on the ground that: (a) around 01:16 on April 25, 2019; and (b) the Defendant received a request from the police officer dispatched upon receipt of the report; (c)

The act of the defendant by using a mobile phone was committed by assaulting the police officer F (26 years old) at the right face of the police officer F (26 years old), who was a police officer belonging to the Namwon Police Station E District Unit of the Namwon Police Station, one time at the right face of the police officer, and interfere with the police officer's legitimate execution of duties concerning the dispatch of the report and the handling of the report case.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C, F, and G;

1. 112 Reporting case handling table; and

1. Application of the Act and subordinate statutes to photographs of the damaged body, investigation reports (related to the insult of a suspect, the attachment of dynamic images and editing pictures related to the obstruction of performance of official duties), and one video CD;

1. Relevant Article 314 (1) of the Criminal Act and Article 314 (1) of the Criminal Act (Interference with Business, Selection of Imprisonment), and Article 136 (1) of the Criminal Act (the point of obstruction of performance of official duties and the choice of imprisonment);

1. Grounds for sentencing among concurrent crimes under the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (Aggravation of concurrent crimes with severe punishment prescribed by the crime of interference with business);

1. The scope of punishment by law: Imprisonment with prison labor for not more than seven years and not more than six months;

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