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(영문) 서울중앙지방법원 2020.01.23 2019고단4969
업무방해등
Text

[Amount of the charge] The defendant shall be punished by imprisonment with prison labor for a year and four months and a fine of KRW 500,000.

The above fine shall not be paid by the defendant.

Reasons

Punishment of the crime

[criminal power] On December 16, 2016, the Defendant was sentenced to ten months of imprisonment with prison labor for the crime of interference with business, etc. at the Suwon District Court, and completed the execution of the sentence at the Suwon District Court on May 4, 2017. On November 29, 2017, the Defendant was sentenced to one year of imprisonment with prison labor at the Suwon District Court for the crime of interference with business, etc. on January 10, 2018. On January 10, 2018, the Defendant completed the execution of the final sentence at the Jin District Court on February 28, 2019.

【Criminal Facts】

1. Around 03:00 on July 20, 2019, the Defendant, at a D restaurant located in the Seocho-gu Seoul Metropolitan Government 3rd floor, was urged by the Defendant, without good cause, to take the hand of the victim E (V, 22 years old) who is another customer of the said restaurant as his/her hand, and as his/her hand saw.

Accordingly, the defendant assaulted the victim.

2. Performance of official duties;

A. On July 20, 2019, around 03:10 on July 20, 2019, the Defendant reported on July 20, 2019 that the Defendant would interfere with the Defendant’s assault and business at the place specified in paragraph (1) at around 03:10, and reported on July 20, 2019, the police box G, who called out, attempted to arrest the Defendant as a flagrant offender, and took a bath for G’s face twice in drinking.

Accordingly, the defendant interfered with legitimate execution of duties concerning the arrest of a flagrant offender by a police officer.

나. 2019. 7. 20. 05:40경 범행 피고인은 2019. 7. 20. 05:40경 서울 서초구 반포대로 179에 있는 서초경찰서 1층 형사당직실에 인치된 후 대기석에서 담배를 피우다 서초경찰서 소속 순경 H이 이를 제지하려 다가오자, H에게 피우던 담배를 던지고 발로 H의 낭심 부위 등 하반신을 수 회 찼다.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the maintenance of order in police stations.

3. The Defendant violating the Punishment of Minor Offenses Act: (a) during the period from around 03:40 on July 20, 2019 to around 04:20, at the F box located in Seocho-gu Seoul Metropolitan Government I, arrested him as a flagrant offender for the crime of interference with duties and Paragraph (1) under the influence of alcohol; and (b) during the period, he takes a bath, and takes a sound.

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