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(영문) 서울중앙지방법원 2015.05.28 2015고단2177
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date of the final judgment.

Reasons

Punishment of the crime

1. On February 14, 2015, from around 23:00 to 23:30 of the same day, the Defendant interfered with the business of the victim’s bar business by force by avoiding disturbance, such as having the beer and beer, on the part of the victim D’s employees in Gwanak-gu in Seoul Special Metropolitan City, on the ground that his employees are not in mind.

2. On February 14, 2015, the Defendant interfered with the performance of official duties by assaulting the police officer’s legitimate performance of official duties on the maintenance of police order, such as: (a) “In order to check the situation where the border F, who belongs to the Yongsan Police Station E-district of the Yongsan Police Station, dispatched after receiving a report on the same act as paragraph (1) on February 14, 2015, he saw that “the buckbucks of the same police racks of the racks of the racks of the racks of the racks of the racks of the racks of the racks of the racks of the racks of the racks of the racks of the

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Each statement of D and H;

1. Application of each statute on photographs;

1. Articles 314 (1) and 136 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Mutual Crimes of Obstruction of Performance of Official Duties);

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. Article 62 (1) of the Criminal Act ( considered as follows):

1. The crime of obstruction of the performance of official duties (in the case of obstruction of performance of official duties and coercion of duties) of Category I (in June to April), the basic area (in the case of obstruction of performance of official duties and coercion of duties) of Article 62-2 of the Social Service Order Criminal Act: The crime of obstruction of business is to be punished by imprisonment in consideration of the fact that the defendant was punished several times for violent crimes because the sentencing guidelines are not set, and that the defendant was not agreed with the victim.

However, it is punished for violence or the same crime for the last five years.

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