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(영문) 서울남부지방법원 2018.06.26 2018고단1142
업무방해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. On February 20, 2018, the Defendant: (a) around 01:30 on February 20, 2018, the Defendant: (b) Da, Yangcheon-gu Seoul Metropolitan Government B 2nd floor victim C (n, 24 years old); (c) Doing the Defendant with the victim, without any justifiable reason, carried the Defendant’s interview with the victim, kiddd the victim with the view to harming the floor by using the sick in the above main line table in his/her hand; and (d) Doing the victim and the customers who performed drinking.

The Defendant, by force, interfered with the victim’s sales of liquor, etc. for about 20 minutes.

2. Around 02:00 on February 20, 2018, the Defendant: (a) 2nd floor D of Yangcheon-gu Seoul, Yangcheon-gu, Seoul; and (b) 112 reported and sent out the 112 report; (c) was required to present an identification card from the police officer F of the Seoul Yangcheon Police Station E District; and (d) took a bath against the above F’s face with an identification card.

그리고 피고인은 위 일 시경 서울 양천구 B 앞 노상에서, 제 1 항 기재 범행으로 업무 방해의 현행 범인으로 체포되어 위 서울 양천 경찰서 E 지구대 소속 경찰관 G 등이 피고인을 순찰차에 태우려 하자 욕설을 하면서 위 G의 배 부위, 가슴 부위, 허벅지 부위 등을 발로 수회 걷어찼다.

As such, the Defendant assaulted F and G police officers, thereby obstructing police officers from performing their legitimate duties concerning criminal investigation and prevention.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Statement of the police statement related to G;

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

1. Article 314(1) of the Criminal Act applicable to the facts constituting an offense (the point of interference with business) and Article 136(1) of the Criminal Act (the point of interference with the performance of public duties);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

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 suspended execution;

1. The crime of this case with the reason of sentencing under Article 62-2 of the Criminal Act on the order to provide community service and attend lectures is justified by the defendant, and the multiple police officers in uniformed.

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