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(영문) 대전지방법원 2019.09.05 2019고단2405
업무방해등
Text

A defendant shall be punished by imprisonment for not less than eight 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. On June 16, 2019, from around 02:10 to 03:05, the Defendant interfered with the business of the Defendant: (a) stated the victim’s “D” house operated by the victim C (hereinafter “D”) in the Sejong-si-si-si-si-si-si-si-si-si-si-si (hereinafter “D”); and (b) expressed the victim’s talk with the victim as the victim’s “ception year, the same opening year, and the view to be clear; hereinafter “D”) without any particular reason, and obstructed the victim’s main business by force, such as the victim’s contact.

2. The Defendant damaged the damage of property at the same time and place as the preceding paragraph, and caused the damage to the victim’s E vehicle owned by the victim, who was parked in front of the above “D” house, on the ground that the victim C would go to the Defendant, by drinking the front penter of the E vehicle owned by the victim, so that the amount of the repair cost can be increased.

3. On June 16, 2019, around 03:05, the Defendant obstructed the performance of official duties for the prevention, suppression, and investigation of crimes, such as handling of reports filed by G and H 112, where he/she reported that he/she interfered with his/her duties, and where G and H expressed the 112 notification that he/she would interfere with his/her duties, he/she prevented him/her from engaging in the act of disturbance of the Defendant and encourage him/her to return home. The Defendant committed assault to the said G and H, such as “grings, chewing, chewing, and spice,” and assaulting him/her to see that he/she would be sprinked with drinking, and that he/she would interfere with the legitimate performance of official duties for the prevention, suppression, and investigation of crimes, such as handling of reports filed by G and H 112 reported

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Each police statement related to G and H;

1. C’s statement;

1. Each report on investigation;

1. Application of three parts of the judgment; and

1. Relevant Article 314(1) of the Criminal Act, Article 366 of the Criminal Act, Article 136(1) of the Criminal Act, and Article 136(1) of the Criminal Act, the choice of imprisonment for a crime

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:

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