beta
(영문) 인천지방법원 부천지원 2018.06.11 2018고단506

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 December 17, 2017, from around 08:10 to October 09:10, the Defendant, who interfered with his/her duties, would be able to take a large voice to the customers in the E restaurant operated by the victim D of the victim D in Kimpo-si, while under the influence of alcohol, walk the time and walk, enter the kitchen, and cause the employees to see and see.

For about one hour, it interfered with the victim's restaurant business by avoiding disturbance for about one hour.

2. On the same day as paragraph 1, the Defendant: (a) 2, at the same place as that of paragraph 1, 09:20 on the same day; (b) 112 of the same day, the Defendant expressed that “I will take drinking and go to the front room,” and received a report from the head of the police station affiliated with the Fdistrict group of the Kimpo Police Station called “I am to the front room,” and expressed that I would like to “I am to the front of the police seat, I am, I am, I am, I am, I am to the front, and interfere with the police officer’s legitimate execution of duties concerning the handling of the reported case.”

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. 112 Notification to the 112 Report Processing Department, and the application of Acts and subordinate statutes governing police officers' 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. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentence like the order shall be determined by comprehensively taking into account the following conditions of sentencing, such as the defendant’s age, occupation, sex, family relation, living environment, circumstances leading to the crime, and circumstances after the crime.

- The Defendant had been punished several times due to the same mistake in the same kind of alcohol, and the last one is that this Court was sentenced to one year of probation on March 15, 2017 and was in the period of probation.