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(영문) 의정부지방법원 2019.09.19 2019고단2206
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On May 10, 2019, the Defendant interfered with business: (a) around 21:30 on May 10, 2019, at the “D” restaurant of the victim C’s operation, and (b) at the “D” restaurant of the victim’s operation of the Namyang-si, Dan-si (hereinafter “D”) flusium with large interest, and (c) flusing the victim’s attitude toward drinking, thereby interfering with the business of the victim’s restaurant by force.

2. Around 22:20 on May 10, 2019, the Defendant’s insultd the victim F, a police officer belonging to the Namyang Police Station E District Unit, called the victim F, who was dispatched after receiving a report of 112 on May 10, 201, and received such report, and deemed the victim F, a police officer belonging to the Namyang Police Station E District Unit, to be an unspecified person.

The victim publicly insultingd the victim by referring to the same police level as width, and referring it to the large interest rate.

3. The Defendant committed the crime of obstruction of performance of official duties at the time, place, as described in paragraph (2) above, and committed assault against the police officer F belonging to the Namyang Police Station E-district forces of the Namyang Police Station, who was called upon 112 reported as above, by putting the arms of the police officer who prevented him from drinking, and continuously boomed and boomed his body toward the police officer to stop him.

As above, the Defendant assaulted a police officer to interfere with the legitimate execution of duties concerning the handling of 112 Reports.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of each police officer made to F and G;

1. C’s statement;

1. Application of the Act and subordinate statutes to a investigative report (CCTV image verification investigation);

1. Relevant Article 314(1) of the Criminal Act and Article 314(1) of the Criminal Act (Interference with Business, Selection of Imprisonment), Article 136(1) of the Criminal Act and Article 311 of the Criminal Act concerning criminal facts;

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

1. Article 62 (1) of the Criminal Act ( considered as follows):

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of punishment by law: Imprisonment; and

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