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(영문) 수원지방법원 안산지원 2015.05.20 2015고단518
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 January 26, 2015, from around 15:30 on the same day to 18:00 on the same day, the Defendant: (a) drinked alcoholic beverages in the “D” restaurant of the victim’s operation “D” in the optical-si B of Gyeonggi-do; and (b) continued the large sound, “the head of the kitchen Nababab and the head of the Nabaz”; and (c) caused the Defendant to return to the customers who intended to drink food in the said restaurant.

Accordingly, the defendant interfered with the victim's restaurant business by force.

2. On January 26, 2015, the Defendant committed an act of interference with the performance of official duties at the places indicated in paragraph (1) around 18:10, with the report of 112 that “any person who interferes with the restaurant business” was engaged in the act of interference with the business as described in paragraph (1), and used the face of the above F on two occasions by the luminous Police Station Embridge, who called out to the said places, to arrest the Defendant as a flagrant offender who interfered with the business, on the floor of the defect that the luminous Police Station Ebridge, who was called up to the said places,

Accordingly, the defendant interfered with legitimate execution of duties concerning the arrest of police officers in the act of committing a crime.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. C’s statement;

1. Place of service;

1. Application of the Acts and subordinate statutes to investigation reports ( investigation into photographing motion pictures);

1. Relevant provisions of the Criminal Act, Articles 314(1) and 313 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;

1. Reasons for sentencing of Article 62-2 of the Social Service Order Act: The first offense (Obstruction of Performance of Official Duties) on the grounds of sentencing of Article 62-2 of the Criminal Act (Scope of Recommendation / [Obstruction of Performance of Official Duties] that has no basic area (6 to 1 year and 4 months), the second offense (Obstruction of Duties) on the basis of which there is no person who is a special person] is aggravated [decision of sentence] on the grounds of aggravation of multiple concurrent offenses (order of Punishment): The fact that there is no agreement with the victim, and that there is a criminal record of violence: The defendant's age, character and

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