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(영문) 광주지방법원 장흥지원 2020.04.23 2019고단308

업무방해등

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. On November 17, 2019, the Defendant: (a) around 21:30 on November 17, 2019, at the Cju shop located in Gangnam-gun, Gangnam-gun, the Defendant: (b) expressed the victim D with the desire to “Ivoking a fluoral, fluor, fluor, fluor, and fluor, fluor, fluor, and fluor, fluor, who did not want to do so; (c) and (d) expressed the victim’s desire to fluor, such as fluor, fluor, fluor, fluor, and fluor, fru

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

2. When the Defendant was informed of the date and time set forth in paragraph (1), and at the place of the performance of official duties, from E of the Jeonnam Police Station, who was dispatched to the site after receiving a report of 112, he expressed a bath, such as grane, “Chewing flap,” and assaulted by the Defendant, such as flabing the ethbbbbb, and continuously brea E’s chest part by hand, etc., on two occasions.

As a result, the Defendant interfered with the legitimate execution of duties of police officers concerning the handling of reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to D and E;

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. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase 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 to seven years;

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

(a) Class 1 crime (Interference with Business) (Interference with Business) [Type 1] Interference with Business (Special Disturbing Persons]: Reduction element of punishment (including serious efforts for recovery of damage): Reduction area (including the recommended area and recommendation range), reduction area, imprisonment with labor for one month to eight months;

B. Second Crimes of obstruction of the performance of official duties (determination of types of obstruction of the performance of official duties).