logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2013.10.23 2013고단5623
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Power] On March 23, 2012, the Defendant was sentenced to two years of imprisonment with prison labor for obstruction of performance of official duties by the Incheon District Court on March 23, 2012, and the judgment became final and conclusive on March 31, 2012, and is still under probation period.

【Criminal Facts】

1. On August 2, 2013, from around 01:00 to around 03:50 of the same day, the Defendant: (a) while drinking alcohol at “EM points” administered by the victim D in Nam-gu Incheon Metropolitan City, the Defendant: (b) took the alcohol at the floor while drinking alcohol; (c) took a bath to the customers who find the said main points before the Kaz; and (d) held the customers at the front of the Kaz; and (c) held them out the disturbance, such as lying down on the floor of the said main points or lyinging on the side of the carz; and (d) prevented them from entering the said main points.

As such, the Defendant interfered with the victim’s bar business by force.

2. On August 2, 2013, at around 03:57, the Defendant avoided disturbance as described in paragraph (1) at the above “Eju shop,” and received the report of 112 of D, an employee of the said main shop, thereby soliciting G employees belonging to the F Zone of the Incheon Southern Police Station, which called the “F Zone”, to return home to the Defendant, and led G employees belonging to the said F Zone to sound, and met the chest of the said G to drinking and blue.

As such, the Defendant assaulted G, a police officer, to interfere with the police officer’s legitimate performance of duties concerning handling 112 reports.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of G and A;

1. Previous records of judgment: Application of inquiries into criminal records, etc., certified copies of written judgments (201No250), certified copies of written judgments (201 highest 6744, 2011 highest 6777);

1. Relevant Article 314(1) of the Criminal Act, Article 136(1) of the Criminal Act, and the choice of imprisonment for a crime

1. From among concurrent crimes, one who has been punished several times as a crime of violence for the reason of sentencing under the former part of Article 37, Article 38 (1) 2, or Article 50 of the Criminal Act, the fact that the crime is a crime during the period of suspension of execution, and the other person is punished by a fine even before the suspension of execution;

arrow