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(영문) 서울남부지방법원 2016.07.15 2016고단1494

업무방해등

Text

A defendant shall be punished by imprisonment for one year.

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 April 11, 2016, at around 14:30, the Defendant interfered with the performance of official duties, at the front parking lot of the “D cafeteria” located in Gangseo-gu Seoul Metropolitan Government, for the reason that the uniforms of an acting driver who is the owner of the place is not in mind, the Defendant prevented the Defendant from participating in the traffic of the Seoul Gangseo-gu Seoul Police Station, which was under traffic control on the front of the traffic.

The Defendant took a bath to the defect in the traffic control duty when he returned to the road in front of the road, and gets saluted by saluting his fat, pushed away by hand, saluted in hand, salute, face, salute, and salute by hand.

As a result, the Defendant interfered with legitimate execution of duties concerning traffic control and traffic hazard prevention, which is a police official.

2. The Defendant interfered with his duties, at the same time and place as paragraph 1, and at the same time and place as paragraph 1, such as paragraph 1, expressed an acting driver and police officer with a large sound, and obstructed the restaurant business of the victim F, the owner of the business of the said “D cafeteria” by force for about one hour, by blocking the front of the vehicle coming from the restaurant’s customers by blocking the front of the vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. The first and second examination records against the accused, and the second examination records of the suspect;

1. Statement made by the police for E;

1. Each statement of E and F;

1. Investigation report (Listening to police officer's oral statement by telephone);

1. Investigation report (No. 1 list of evidence);

1. Investigation report (related to victim F);

1. Application of Acts and subordinate statutes to photographs of victimized police officers;

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. Article 62 (1) of the Criminal Act on the suspended execution;

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

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

(a) Class 1 crime (Interference with the performance of official duties) (a decision of type);