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(영문) 인천지방법원 2015.04.30 2015고단371

업무방해등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 19, 2015, the Defendant: (a) conspired with C on January 19, 2015, the victim E, who sold an excessive work on the road of Jung-gu Incheon, Jung-gu, Incheon; (b) expressed the victim’s desire to “here, she would have been performing funeral in this context; and (c) took the part in a sale at that place, and obstructed the victim’s daily sales business with the victim by force by avoiding disturbance over about ten minutes.

2. On January 19, 2015, the Defendant interfered with the performance of official duties, at around 21:50, the place indicated in paragraph (1), and at around 21:50, the police officer of the Incheon Central Police Station F Station, who called out after receiving a report that a drunk person frights the fright, brought the Defendant to the above G, she expressed that he would evade the Defendant’s disturbance, thereby obstructing the Defendant’s legitimate performance of duties concerning the mobilization of the police officer’s report by assaulting him, such as “I ambs, bals, this flas, and flas, flas, flas, etc.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement of suspect C by the police;

1. Each police statement of E and G;

1. Application of H’s written Acts and subordinate statutes;

1. Relevant Article 314(1) of the Criminal Act, Article 136(1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing of Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] There is no basic area (6 to one year and four months) of the obstruction of performance of official duties (the decision of sentence] The fact that there is poor quality of crimes such as obstructing police officers' performance of official duties, obstructing the victim E duties, etc., the fact that there is no agreement with police officers, the fact that there is no same force, but eight criminal records of the suspension of execution and fine, the fact that there is no same force, and that there is an agreement with the victim E, and the crime is recognized and reflected.