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(영문) 서울서부지방법원 2018.04.10 2017고단3776

업무방해등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On November 8, 2017, at around 18:50 on November 18, 2017, the Defendant: (a) obstructed the Defendant: (b) obstructed the Defendant’s business; (c) was unable to avoid disturbance for about 50 minutes, such as, while under the influence of alcohol, drinking time to customers on the 1st floor of the Eunpyeong-gu Seoul building B; (d) booming them with drinking water; and (d) making the Defendant booms with the World Cup and the instant table. The Defendant was unable to avoid disturbance for about 50 minutes, such as: (a) the Defendant recommended the Defendant to return home; and (b) the Defendant was able to take a bath for customers who were in the said main

Accordingly, the Defendant interfered with the victim's main business by force.

2. Around November 19:40 on November 8, 2017, the Defendant obstructed the performance of official duties, at the same place as indicated in the foregoing paragraph 1, and 112 reported and sent out Seoul, Seoul, a police officer affiliated with the E District of Pyeongtaek Police Station, recommended the Defendant to return home after confirming the details of the report, and subsequently, he saw the F to take a bath for him, with his hand, and assaulted the F’s face face part with his hand, such as the F’s rewing part once and once.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers concerning 112 reporting handling duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement with respect to C and F;

1. G statements;

1. Investigation report (related to the confirmation of Handphone images);

1. Application of Acts and subordinate statutes to a photograph by cutting down a Handphone image;

1. Relevant Article 314 (1) of the Criminal Act and Article 314 (1) of the Criminal Act (the obstruction of business, the choice of imprisonment), and Article 136 (1) of the Criminal Act (the point of obstructing the performance of public duties and the choice 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. Grounds for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. of Persons obliged to attend lectures;

1. Scope of punishment by law: Imprisonment with prison labor for not more than seven years and not more than six months;

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

A. Basic crime: Obstructing the performance of official duties in its holding [the scope of recommendations] and obstructing the performance of official duties. Type 1 (Interference with and Compelling the performance of official duties) is the basic area (six months to one year and six months) (a person with special sentencing).