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(영문) 인천지방법원 2016.03.24 2015고단8142

업무방해등

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. Whether the Defendant is obliged to calculate the drinking value on the ground that: (a) from around 00:00 on November 5, 2015 to from around 00:50 on the same day, the Defendant was required from the injured party C (n, e.g., the female, 48 years old) at the D cafeteria operated by the victim C (n, the female, e.g., the 48 years old) in Bupyeong-gu Incheon Metropolitan City to calculate the drinking value; (b)

It can not be calculated too much influencing the arms.

In order to prevent customers from entering the restaurant by avoiding the disturbance, such as a large biter, etc., thereby obstructing the victim’s restaurant business by force.

2. The Defendant interferes with the performance of official duties, and at the time and place of the foregoing paragraph 1, the Defendant interfered with the operation of the person under influence of alcohol.

“In the light of the fact that the Plaintiff was unable to return home from the border of the Incheon Bupyeong Police Station, after receiving a report on 112 of the content of the “E”, he assaulted on one occasion the left part of the said E by taking the blue of the left hand.

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. Statement made by the police for E;

1. C’s statement;

1. Application of Acts and subordinate statutes of a reply to inquiries, such as admission/original confirmation, criminal history, etc.;

1. Relevant Article 314 of the Criminal Act, Articles 314(1) and 136(1) of the Criminal Act, and the choice of imprisonment for a 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. Class 1 (Interference with the Execution of Official Duties) (No. 1) (Interference with the Execution of Official Duties) (Interference with the Execution of Official Duties) (Special Sentencing) - Where the degree of violence, intimidation, and deceptive scheme is minor (Determination in the sphere of recommendation) mitigation area (one month or August);

2. Class 1 (Interference with Business) (Special Sentencing) (Interference with Decision on Types) 2 (Interference with Business) - Where the degree of interference with business is insignificant (Determination on the recommended sphere) - Where the degree of interference with business is minor (decision on the recommended sphere between January and August).

3. Aggravation multiple offenses (an offense No. 1.) in the final scope of sentence.