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(영문) 수원지방법원 성남지원 2015.12.04 2015고단2094

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 of the final judgment.

Reasons

Punishment of the crime

1. On September 11, 2015, the Defendant interfered with his/her duties: (a) around 07:05, the head of the Sinnam-gu, Sungnam-gu, Sungnam-gu, and the head of the Singu, by taking aboard a mother taxi operated by the victim B (n, 53 years old), and obstructing the operation thereof; (b) around September 11, 2015, the head of the Sinnam-gu, Sungnam Police Station E box located in D in the Sinnam-si, Sungnam-si, Sungnam-si, and obstructed the operation of the victim’s taxi by force for about 15 minutes from September 11, 2015, such as: (c) the head of the Sinnam-gu, Sungnam-si, and the head of the Sinnam-gu, Seoul-gu, and the head of the Gu interfered with the operation of the victim’s taxi by force from September 11, 2015 to September 25.

2. On September 11, 2015, the Defendant interfered with the performance of official duties: (a) on the front of the police box of the Sungnam Correction Police Station, around 07:25, the Defendant interfered with the performance of official duties by police officers, such as police officers, F, etc., to listen to the details of damage from B; (b) took a bath to B; (c) took a bath to B; and (d) took a bath to F; and (c) took a hand to the F’s body; and (d) interfered with the legitimate performance of official duties in relation to the investigation of police officers’ criminal reports, in consideration of F’s face by drinking.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. B written statements;

1. Application of the Acts and subordinate statutes governing patrol booms and video data backups;

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. 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;

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. Scope of recommended sentences according to the sentencing criteria;

(a) Type I (Obstruction of Performance of Official Duties) of the Obstruction of Performance of Official Duties: No person who has been specially punished for the basic area (from June to January 1):

(b) Type 1 (Interference with Business) (Interference with Business) is subject to special mitigation in the mitigation area (one month to eight months), which shall not be subject to punishment.