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(영문) 수원지방법원 안양지원 2016.02.17 2016고단30

업무방해등

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[criminal history] On January 28, 2015, the Defendant was sentenced to six months of imprisonment by obstructing business operations in the Incheon District Court’s Branch Branch Branch, etc., and completed the execution of the sentence on September 9, 2015 by the Ansan Prison.

[Criminal facts]

1. On January 10, 2016, the Defendant: (a) obstructed the victim’s business by force by allowing the victim to take a bath with a large amount of voice without any particular reason, and return to the customers on the side by allowing the victim to take a look back of his/her place of business from “M main store operated by the victim L in Manan-gu, Manan-gu, Annan-si, Annan-si, Annan-si, Annan-si, annan-si, ann-si,

2. The Defendant damaged property at the same time and at the same time as the above 1. paragraph (1) of this Article, the victim L was prevented from disturbing the Defendant’s disturbance, and the victim was destroyed by being pushed away with the chair who was placed at the same time, thereby damaging the trust with the person who was under his/her own possession.

3. On January 10, 2016, around 02:15, the Defendant obstructed the performance of official duties, at the same place as the foregoing 1. Paragraph 1., the Defendant: (a) was aware of the victim, who was reported and called out after being reported 112 at the time of the disturbance; and (b) the police officer affiliated with the NPC of the Police Station within Gyeyang-gu, within the scope of his/her control; and (c) “N

“In accordance with the provision to go through, it interfered with the legitimate execution of duties concerning the maintenance of order of the aboveO, who is a police official, by taking the face of the aboveO on a hand, and walking the above O bridge on several occasions.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement with respect toO or L;

1. Each photograph;

1. Previous convictions: Inquiries about criminal history and the application of Acts and subordinate statutes on criminal investigation reports (the confirmation date of the date of release);

1. Relevant Article 313(1) of the Criminal Act, Article 313(1) of the Criminal Act (the point of interference with business), Article 366 of the Criminal Act, Article 136(1) of the Criminal Act (the point of interference with the performance of official duties) and the selection of imprisonment for each type of crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The grounds for sentencing Article 37 (former part), Article 38 (1) 2, and Article 50 (1) of the Criminal Act for the aggravated punishment of concurrent crimes (e.g., interference with the execution of official duties) (the scope of recommendation).