beta
(영문) 의정부지방법원고양지원 2020.09.24 2020고단1862

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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 3, 2020, from around 17:40 on June 3, 202 to 18:50 on the same day, the Defendant obstructed the victim’s convenience store business for about 70 minutes by force by force, such as: (a) being drunk from “D convenience store” managed by the victim C (here 27 years of age) as an employee; and (b) being under the influence of the victim’s convenience store business.

2. On June 3, 2020, at around 18:50 on June 18, 2020, the Defendant obstructed the police officer’s legitimate execution of duties concerning handling of report by 112, after having received 112 report at the place specified in paragraph (1), by hearing the statement made by C in the case described in paragraph (1) of the same paragraph and having confirmed the reported matters, the Defendant obstructed the police officer’s performance of duties on the 112 report.

Summary of Evidence

1. Application of the Act and subordinate statutes to investigation reports (in the presence of the defendant, investigation) on the statement F of the defendant's court statement and the written statement written by the police about G;

1. Article 314 (1) of the Criminal Act of the relevant Article of the Criminal Act concerning the facts constituting an offense (the crime of interference with business, the choice of imprisonment), Article 136 (1) of the Criminal Act (the point of obstruction of performance of official duties and the

1. Selection of imprisonment with prison labor for the choice of punishment provided for in Articles 40 and 50 of the Criminal Act among the ordinary concurrent crimes;

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. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

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

(a) Class 1 crime (Determination of Types of Interference with Business) [Type 1] No person who interferes with business [the scope of the recommended field and the scope of recommendations], the basic field of crime (the scope of recommendation field and recommendation range], and six months to one year and six months; and

B. Second Crimes (Obstruction of Performance of Official Duties) (Determination of Punishment).