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(영문) 의정부지방법원 고양지원 2016.11.24 2016고단1966

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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On April 9, 2016, the Defendant interfered with business: (a) around 21:40, the Defendant obstructed the victim E’s restaurant business by force by avoiding a disturbance for about one hour, such as drinking in the instant restaurant “D” restaurant located in Gyeyang-gu, Seoyang-gu; (b) under the influence of alcohol, and (c) passing through sound.

2. On April 9, 2016, the obstruction of performance of official duties and the Defendant: (a) sent to the above restaurant after receiving a report of the fact that he had not paid the drinking value and had the disturbance avoided; and (b) the victim G belonging to the Goyang Police Station F District of the Goyangyang Police Station, which was under understanding the circumstances of the instant case, expressed that “Is would come to her seat her seat her seat her head,” and assaulted the victim G by taking the shoulder of the said G, such as her flabing the shoulder by drinking, and her flabing her head.

The defendant continued to be arrested in the act of obstruction of the performance of official duties due to the crime of obstruction of the performance of official duties and transferred to the F district located in Goyang-gu H in Goyang-gu H in Goyangyang-gu, and tried to remove the victim G's right bridge.

As a result, the defendant interfered with the legitimate execution of duties concerning the maintenance of police officers' order and crime prevention, etc., and at the same time, the victim G needs to be treated for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of G and E;

1. Photographs of the area damaged by G;

1. A medical certificate;

1. Application of the Acts and subordinate statutes to photographs of CCTV images;

1. Article 314(1) of the Criminal Act applicable to the relevant criminal facts, Article 257(1) of the Criminal Act, and Article 136(1) of the Criminal Act (including the point of obstruction of performance of official duties, inclusive);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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

1. On the grounds of the sentencing of Article 62(1) of the Criminal Act Article 62(1) of the suspended sentence, there is no basic area (4-1-6 months) of the first category of bodily injury (in the case of general injury) (4-1-6 months).