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(영문) 의정부지방법원 2015.07.21 2015고단165
업무방해등
Text

A defendant shall be punished by imprisonment for six 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 December 21, 2014, at around 01:50, the Defendant interfered with the business of the Defendant entering the “C” convenience store located in Spocheon-si B, and obstructed the victim’s convenience store business by force by avoiding disturbance for about 20 minutes, including, but not limited to, the victim D (19 years of age) who is a part-time student, in front of the Kabane, by taking the mobile phone device in a telephone call, and taking the victim’s mobile phone device back, and taking the victim’s desire to do so.

2. 모욕 피고인은 2014. 12. 21. 02:08경 제1항과 같은 경위로 D가 112 신고를 하자 D 및 편의점 업주 등이 있는 가운데 위 신고를 받고 출동한 피해자인 포천경찰서 E지구대 소속 경찰관인 경사 F과 순경 G에게 "씨발 새끼들아! 어쩌라고, 맘대로 해봐, 좆도 얼마나 대단한가 보자, 빤질하게 하고 다니면 대단한 줄 알지 "라고 큰 소리로 말하여 피해자들을 공연히 모욕하였다.

3. The Defendant: (a) arrested a flagrant offender on the front seat of the patrol police station E District Police Station G, a police officer belonging to the Ma District Police Station, who was called out after receiving 112 reports on the date and time, at the place, and the suspicion of interference with the duties under paragraph (1) of the preceding paragraph; and (b) obstructed a police officer’s legitimate performance of official duties concerning the arrest of a flagrant offender by assaulting him, such as a slopeF and a police officer walking approximately 2-3 times in the front seat of the patrol police station.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer in relation to D, F and G;

1. A H statement;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 314 (1) of the Criminal Act applicable to the relevant criminal facts, Article 311 of the Criminal Act, and Article 136 (1) of the Criminal Act concerning the criminal facts;

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. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2(1) of the Probation Criminal Act shall be recommended.

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