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(영문) 서울남부지방법원 2017.02.02 2016고단6097

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. Around December 23:45, 2016, the Defendant obstructed the victim’s business by force by avoiding a disturbance of about 10 minutes, including a 10 minute clock on the floor, while drinking booms and drinking booms, at E’s drinking house operated by the Victim D (V, 47 years of age) located in Yangcheon-gu Seoul Metropolitan Government.

2. When the Defendant was arrested as a current offender on charges of interference with duties, etc. to police officers, such as the chief patroler G, etc., belonging to the Seoul Yangcheon Police Station F boxes, sent out upon receipt of the 112 report, at the time and place set forth in paragraph 1, the Defendant: (a) sought to kill the said G with knife; (b) whether the Defendant would go back to the knife, to the knife, to the third place;

Does they grow up;

G was threatened by saying that it would thrown away to tamper at the time of the transfer of the G, and that it was known to the p.m.

Accordingly, the defendant interfered with legitimate execution of duties concerning the suppression and investigation of police officers' crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement of the police statement related to G;

1. Written statements of D;

1. Application of field photographs, each investigation report, motion picture CD-related Acts and subordinate statutes;

1. Article 314 (1) and Article 136 (1) of the Criminal Act (the point of interference with the performance of official duties) concerning facts constituting an offense;

1. Selection of each sentence of imprisonment;

1. Aggravation of concurrent crimes: former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (Aggravation of concurrent crimes with punishment stipulated in a more serious offense)

1. Grounds for sentencing under Article 62(1) of the Criminal Act (The following conditions favorable to the reasons for sentencing)

1. The scope of applicable sentences under law: Imprisonment for one month to seven years; and

2. Obstructing the application of the sentencing criteria [the first crime] in the performance of official duties;

(a) Determinations: [13] interference with the performance of official duties, 01. interference with the performance of official duties, / interference with the performance of official duties / coercion of official duties;

B. There is no special sentencing factors or general sentencing factors:

(c) Scope of recommendations: Basic area, six months to one year and six months [two crimes].