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(영문) 서울북부지방법원 2018.01.24 2017고단4936

업무방해등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. Around November 5, 2017, at around 06:20, the Defendant obstructed the victim’s convenience store business by avoiding disturbance by force, such as purchasing tobacco at the convenience store operated by the victim C (35 Dose) in Seoul, Jung-gu, Seoul (hereinafter “D”), and refusing to request a presentation of identification card from the injured party, making the victim see himself/herself, and herself sees the knife into the knife, making the knife into the knife, making the knife, and cutting off the goods displayed at the convenience store, thereby obstructing the victim’s convenience store business for about 10 minutes.

2. The Defendant obstructed the performance of official duties, upon receiving a report at the above date, at the said time, and at the said place, assaulted by F (28) police officers, who were affiliated with the police patrol box, to have him present identification cards to verify his status, such as taking the above F F’s working clothes in his hand and cutting them down on the floor by three times, and cutting them down on the floor.

Accordingly, the defendant interfered with the legitimate execution of official duties concerning the prevention and investigation of police officers' crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police of the F;

1. C’s statement;

1. On-site photographs;

1. Application of Acts and subordinate statutes to investigation reports (verification of CCTV images at convenience points);

1. Relevant Article 314(1) of the Criminal Act (the point of interference with business), Article 136(1) of the Criminal Act (the point of interference with the performance of public duties) and the choice of imprisonment for each crime;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one month to seven years;

2. The scope of the recommended punishment according to the sentencing guidelines for the crimes falling under Category 1 (Obstruction of Performance of Official Duties) [Scope of the recommended punishment] and the scope of the final sentencing due to the aggravation of multiple crimes, for which there are no basic areas (from June to one year and six months) [the scope of the recommended punishment] [the scope of the punishment for the crimes falling under Category 2 (Obstruction of Duties] and the basic areas (from June to one year and six months), including the category 1 (Obstruction of Duties] and the basic areas (from June to one year and six months): 6 months: June to March 6:

3. Sentence;