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(영문) 의정부지방법원 2020.12.24 2020고단3802
공무집행방해등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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

Reasons

Punishment of the crime

1. 업무방해 피고인은 2020. 7. 14. 00:10경 경기 양주시 B에 있는 피해자 C 운영의 D 편의점 앞 파라솔에서, 혼자서 술을 마시던 중 갑자기 위 편의점으로 들어가는 피해자에게 "씹할 놈아 네가 뭘 해줬는데 씹새끼야. 개새끼야, 야 이 씹할 놈아 네가 나 도와준 거 있냐 "라고 소리를 지르고 양손으로 피해자의 양손을 잡아 넘어뜨리려고 하는 등 소란을 피웠다.

Accordingly, the defendant interfered with the victim's convenience store business by force for about 30 minutes.

2. At around 00:40 on the same day, the Defendant: (a) received a 112 report from the place specified in Paragraph (1) of the same Article, and received a request to return home to G, from the slope F of the Haju Police Station Eack, who was dispatched, and received a 112 report that “the principal interfered with the business of the proprietor, and smoked; (b) the Defendant sent back the Eack, “I wished to know who she reported to she; (c) she would have reported to she; and (d) she she moved out of the convenience store to the convenience store; and (d) she took a bath, she she took a f’s chest, “the she would die, she will spacate,” and f’s chest, her hand, and assaulted twice.

Accordingly, the Defendant interfered with the legitimate execution of duties concerning F's handling of F's 112 Reporting Cases.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Each investigation report (to be accompanied by a statement of business owner at a convenience store, CCTV images, and on-site photographs and data);

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling Table;

1. Relevant Article 314(1) of the Criminal Act, Article 136(1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

1. former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act among concurrent crimes (Aggravation of concurrent crimes as provided for in the crime of interference with business heavier than the hostage)

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Order of community service;

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