beta
(영문) 인천지방법원 부천지원 2017.07.14 2017고단933

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. From March 12, 2017, the Defendant: (a) from around 12:00 on March 12, 2017, the victim D (54, inn) located in Kimpo-si, took a bath to the above victim, who is an owner of the restaurant business under the influence of alcohol, without any reason, such as “clocks”; (b) taken the restaurant route, the kitchen, the kitchen, the toilet, etc.; and (c) took other customers at the restaurant operated by the victim, and took other customers’ desire to walk, thereby interfering with the operation of the restaurant by force.

2. When the Defendant interfered with the performance of official duties at the same time and place as in the preceding paragraph, and the captain G of the F District of the Kimpo Police Station dispatched in receipt of a report, prevented the Defendant from committing the Defendant’s act, the Defendant “Nen”

They shall be avoided the launch of the world.

We must conduct inspections by ASEAN. In anywhere, franchis, franchis, franchis, franchis, and franchis, 4 times the boat of the above police officer, and franchis, and franchis, thereby obstructing the police officer’s legitimate performance of official duties in relation to the dispatch of reports by 112.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Written statements of D;

1. They shall serve as the 112 reported case handling box and F police box;

1. Application of statutes on site photographs;

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) First-Class 1 (Obstruction of Execution of Official Duties) (Scope of Recommendation) (Obstruction of Execution of Official Duties) (Obstruction of Execution of Official Duties and Forced Performance of Duties) is the basic area (six months to one year and six months), and there is no special sentencing factor (a person with special sentencing)

(b) Class 2 Crimes (Obstruction of Duties) [Scope of Recommendation] Obstruction of Duties, Type 1 (Obstruction of Duties) (No. 1 month to 8 months) (including Special Reductions)] Suspension of Punishment (including a serious effort to recover damage);

2. Finality due to the increase of multiple offenses;