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(영문) 서울동부지방법원 2016.09.09 2016고단1595

업무방해등

Text

A defendant shall be punished by imprisonment for not less than eight 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 May 20, 2016, from around 23:10 to May 21, 2016, from around 00:30 on May 21, 2016, the Defendant: (a) at the “E” business establishment operating the Victim D (V) located on the first floor in Gwangjin-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City, the Defendant expressed the victim’s patriotic expressions, but caused the victim to be disregarded from the damaged; and (b) at the same time, the Defendant expressed the victim’s patriotic expressions, but caused the victim to go out of the area.

Accordingly, the Defendant interfered with the operation of the above businesses by force for about one hour.

2. On May 21, 2016, the Defendant interfered with the performance of official duties, at the places indicated in the preceding port around 00:30 on May 21, 2016, and at the places indicated in the foregoing D’s report, the Defendant brought up to G of the police box affiliated with the Seoul Minejin Police Station F Station that was dispatched after receiving the above D’s report.

"Abrutal" such as "Abrutal, and assaulted the snow of the above G due to fingers."

Accordingly, the defendant interfered with legitimate execution of duties concerning the suppression and investigation of the above G crime, which is the police officer.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. Each police statement made to D or G;

1. Recording notes;

1. Application of the CCTV video storage CD-related Acts and subordinate statutes;

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 stay of execution (The following extenuating circumstances are considered in favor of the sentencing in mind):

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

1. The scope of the recommended punishment according to the sentencing guidelines for the crime No. 1 (Obstruction of Duties) of the scope of the recommended punishment [Article 1 (Obstruction of Duties)] of the mitigated area (Article 1-8) (Article 1) of the mitigated area (Article 1-1) [Special Reduction Persons] of the Punishment Non-Support (including a serious effort to recover damage] of the Punishment (Article 2-2) [Scope of the recommended punishment] of the mitigated area (Article 1-1) of the Punishment Act.