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(영문) 제주지방법원 2016.12.15 2016고단2421

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 becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 2, 2016, at around 01:40, the Defendant: (a) deemed that he drinks in the “E” type of “E” type of the victim’s “E” type of entertainment in Jeju Island with a toilet, and that he/she is dissatisfied therewith; (b) thereby, the Defendant was able to see the f and female employees’ hair, thereby shaking the female employees’ hair; and (c) f was sprinking the Defendant at the Defendant’s head; and (d) f was sprinking the F’s face when he/she sprinks the F’s face; and (c) f sprinked the victim who fights with a fighting.

Accordingly, the Defendant interfered with the victim's dan business by force.

2. At around 02:02 on November 2, 2016, the Defendant: (a) asked the said police officer “E” to read, “Is the Defendant, Is the Defendant at the Jeju East Police Station G District of the Jeju Police Station that sent to the scene after receiving 112 reports, as described in paragraph (1) from the victim; and (b) assaulted the said police officer at one time at the inside of the police officer.”

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the handling of 112 reported cases by police officers who wear a uniform.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to H, D, F, and I;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling Table;

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. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. Category 1 of the Act on the Performance of Official Duties (Scope of Recommendation) within the scope of the recommended sentence according to the sentencing guidelines.