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(영문) 인천지방법원 2016.01.14 2015고단7433

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 11, 2015, at the D cafeteria managed by the victim C of the Incheon Strengthening Group B around 12:30 on November 11, 2015, the Defendant: (a) heard the answer from the victim, “I am me to see the liquor tax that I would soon see,” and “I am me, I am see,” and “I am son, I am son,” and “I am son,” and “I am son.”

It refers to a large voice such as "," and it interfered with the victim's restaurant business by force between about 15 minutes by keeping the disturbance, such as putting the finger hand over and taking a bath.

2. On November 11, 2015, at around 12:45, the Defendant interfered with the performance of official duties, at the front of the “D” restaurant located in Incheon Strengthening Group B, the Defendant obstructed the lawful performance of official duties by assaulting the police officers on the suppression of crimes, such as F, a police officer belonging to the Incheon Southern Police Station Emba, a police officer belonging to the relevant police station Emb, who called out after receiving 112 reports by avoiding the disturbance, and thereby avoiding the disturbance from G, and thereby obstructing the police officers’ legitimate performance of official duties on the suppression of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and C;

1. Application of Acts and subordinate statutes of the investigation report (Evidence No. 15 pages);

1. Article 314(1) of the Criminal Act applicable to the facts constituting an offense (the point of interference with business) and Article 136(1) of the Criminal Act (the point of interference with the performance of public duties);

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the punishment imposed on a person who interferes with the performance of public duties by a police officer G with the conduct of public duties, and the punishment imposed on a person who is more severe in the conduct of public duties by a police officer G);

1. Selection of the penalty, respectively;

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. Application of the sentencing criteria: