beta
(영문) 의정부지방법원 2016.05.27 2015고단4273

업무방해등

Text

A defendant shall be punished by imprisonment with prison labor for up to 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 July 19, 2015, the Defendant: (a) obstructed the victim’s duty by force for about 40 minutes, by avoiding disturbance, on the ground that there was no cell phone in the door from which he left the victim E (V, 59 years old), who is the owner of the said store, at the entrance of the K-gu Government-si C C3-Saxx, no cell phone was available; and (b) interfered with the victim’s duty by force for about 40 minutes.

2. On July 19, 2015, the Defendant interfered with the performance of official duties, and around July 16:15, 2015, “A man who drinks drink” in the above D D D D D D D Qx, desires to do so and fright to do so.

“I, upon receipt of the report, I am the Defendant, and I am the F Rabs G, and I am the Defendant. I am the Defendant “I am the Defendant on the flab’s flab;

Along with the absence of a mobile phone in the Republic of Korea, we see that the weather was caused by the lack of weather, and that the weather was "influence of the mobile phone finding", and that the Ha was assaulted by the police officer at his hand at one time.

Ultimately, the Defendant interfered with the legitimate execution of duties of police officers with regard to criminal investigations.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness H;

1. Application of statutes on police statements made to H and E;

1. Relevant Article 314 (1) of the Criminal Act and Article 136 (1) of the Criminal Act (a point of interference with business) concerning criminal facts, the choice of punishment, and Article 314 of the Criminal Act (a point of interference with the performance of public duties);

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. The scope of final sentence due to multiple concurrent crimes (one to one year and four months) in the basic area (one-one-one-one-one-one-one-one-one-half) of the grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act, which has no basic area (any person subject to special sentencing) [the scope of recommending punishment] [the scope of recommending punishment]] under the basic area (one-one-one-one-one-one-one-year), (one-one-half) of the basic area (no person subject to special sentencing] of the first category (one-one-one-one-one-fourth) [the person subject to special sentencing]: Imprisonment with prison labor for six months or two years [the decision of sentence], suspension of execution two-years, community service, or at least eight hours at a disadvantage: interference with another person's business and execution of public duties.