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(영문) 인천지방법원 부천지원 2016.02.03 2015고단3507

업무방해등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence 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 December 1, 2015, at the “D main point” of the Victim C’s Operation in Seocheon-gu, Seocheon-gu, Seocheon-si, Seoul, and on December 1, 2015, the Defendant, on the ground that he was under the influence of alcohol and found his work, she would be placed a trial cost on the said main point and on the part of his employees. The Defendant, on the ground that she was under the influence of alcohol, her work, and her employees, she flicked the victim “Y e, f

Shells, blicks, flicks.

D. The Plaintiff was unable to bring a disturbance for about 30 minutes, such as taking a bath with a large amount of interest.

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

2. 공무집행 방해 피고인은 2015. 12. 1. 01:05 경 위 ‘D 주점’ 앞 길에서, 위 C의 112 신고를 받고 현장에 출동한 부천 원미 경찰서 E 지구대 소속 순경 F이 다른 경찰관들과 함께 피고인을 위 주점 밖으로 데리고 나오자, 갑자기 위 F에게 “ 재 수 없는 년, 뭘 쳐다봐 ”라고 욕설을 하며 손으로 1회 밀치고 발로 허벅지 부위를 3회 걷어 차 폭행하였다.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to the prevention, suppression and investigation of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to F in the police statement protocol;

1. Application of the Acts and subordinate statutes written in C;

1. Relevant Article 314(1) of the Criminal Act, Article 314(1) of the Criminal Act (the point of interference with business), Article 136(1) of the Criminal Act (the point of interference with the performance of public duties) and the choice of imprisonment for each 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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of the recommended punishment for crimes No. 1 (Obstruction of Duties) (Scope of Recommendation) within the scope of the punishment for crimes No. 1 (Interference with Duties) [No. 6 months to one year and six months] within the basic area (Interference with Duties) [the scope of the recommended punishment] 2 crimes (Obstruction of Performance of Duties] without any special sentencing person] / [the scope of the recommended punishment] within the basic area (f. 6 months to one year and four months) within the basic area (f. 1 months to one year and four months) within the scope of the recommendation punishment for multiple crimes without any special sentencing person: 6 months to two years;

2. Determination of sentence;