logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2017.06.14 2017고단2415
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 15, 2017, at around 05:15, the Defendant interfered with the business of the Victim C in Gyeyang-gu Incheon Gyeyang-gu, the Defendant: (a) satisfing the column in the waiting room of the said business; (b) obstructed the Defendant’s legitimate business of the victim’s singing club by force by destroying a disturbance for about 15 minutes, such as killing the satch of other customers and sating the satch; and (c) by force.

2. The Defendant interfered with the performance of official duties, upon receiving a report from C at the time and place specified in paragraph 1, and received a request for returning home from F, a police officer, belonging to the Incheon Gyeyang Police Station E box, who was called to the scene, and sent back to F, and expressed a bath to F, and obstructed F, by assaulting F, such as destroying F’s f’s breath, skeing the f’s spath, and pushing F’s chest, thereby interfering with the police officer’s legitimate performance of duties for the suppression and prevention of the crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F, G, and C;

1. Application of Acts and subordinate statutes to photographs of victimized police officers;

1. Relevant Article 314(1) of the Criminal Act, Article 314(1) of the Criminal Act (the point of interference with business), Article 136(1) of the Criminal Act (the point of interference with the performance of public duties) and the choice of imprisonment for each crime;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Sentencing Criteria (Scope of final sentence due to the aggravation of multiple offenses): From June to October 1, 100 - Class 1 (Obstruction of Performance of Official Duties): Basic area (from June to June) (Interference with Duties): Class 2 (Interference with Duties): 1 (Interference with Duties) mitigated area (including special mitigated persons from January to August) mitigated area (including serious efforts to recover damage); and

2. The Defendant re-offending a crime even though he had been punished several times due to the obstruction of performance of the same duties and violence.

Therefore, the defendant is sentenced to imprisonment.

However, the fact that the defendant recognizes the crime and reflects it, and the victim with interference with the work is smooth.

arrow