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(영문) 서울남부지방법원 2016.11.18 2016고단4571

업무방해등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On August 25, 2016, at around 05:35, the Defendant rejected a vehicle from a taxi for about 25 minutes, such as: (a) the Defendant, who was receiving a request from a victim, who would have arrived at the destination of the taxi in the injured party B’s operation, and would be asked to leave the taxi from the taxi; (b) the Defendant, without any justifiable reason, called “portable telephone loss and is held responsible; and (c) the Defendant took a bath.”

Accordingly, the defendant interfered with the victim's taxi operation by force.

2. The Defendant at the time and place specified in paragraph (1) of the obstruction of performance of official duties: (a) the Defendant arrested the Defendant as a flagrant offender of the crime of interference with business by arresting the Defendant as a police offender in the Seoul Young Military Police Station C District of Seoul Young Military Police Station; and (b) made the back head of D one time at the right drinking.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to 112 report processing.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement B and D to the police protocol;

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 under Article 62-2 of the Criminal Act of the community service order;

1. Scope of recommended sentences according to the sentencing criteria;

A. First Crimes (Scope of Recommendation) (Obstruction of Performance of Official Duties) (Scope of the Obstruction of Performance of Official Duties) and the basic area (6 months to 1 year and 4 months) (special person) of the 1st Crimes (Obstruction of Performance of Official Duties) (Scope of Recommendation)

B. Class 2 crime (Interference with Business) (Scope of Recommendation) interference with business, Type 1 (Interference with Business) (1-8 months) (Special Mitigation) (Special Mitigation) damage recovery.