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(영문) 인천지방법원 부천지원 2018.02.22 2017고단3071
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 16, 2017, from around 19:40 to 19:55 on the same day, the Defendant: (a) ordered the victim D’s work in Busan City from around 19:40 to around 19:55 of the same day; (b) ordered the Victim D to suspend the operation of the victim’s sales business by forcing the Victim D, who is likely to have come to be milked on the clothes during drinking and her clothes while drinking; (c) and (d) took the victim’s desire to “Ignae, after the Ethson’s services, Igree, and, thus, interfere with the victim’s sales business by force.

2. The Defendant, at the time, at the time, at the place specified in paragraph 1, stated in paragraph 1, stated that he was asked to return home from G officer who was called out after receiving a report from 112, who was called out of the F District of the Gyeonggi-gu Police Station of the F District Police Station of the Gyeonggi-do Seoul Special Metropolitan City, Seoul Special Self-Governing Province, “I am out of the police ring,” and expressed a bath to “I am out of this police ring, I am 4 to 5 times of drinking with the face of the above G, and am the shouldered once.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 accident reports.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to G or D;

1. A report on internal investigation:

1. A detailed statement of the processing of reported cases;

1. Data to capture the dynamic image;

1. Application of Acts and subordinate statutes to a copy of the area where he/she works in the earth and a public official;

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. Scope of the recommended sentences according to the sentencing criteria;

(a) Class 1 Crimes (Obstruction of Duties) (Obstruction of Recommendation) (Scope of Duties) and No. 1 Crimes (Obstruction of Duties) are basic areas (No person with a special sentencing sentencing range from June to January 6) (no person with a special sentencing range)

(b) Class 2 Crimes (Obstruction of Execution of Official Duties) / [Scope of Recommendation] Scope of Final Punishment due to the aggravation of multiple offenses for which there is no basic area (6 months to 1 year and 6 months) (special sentencing factors) / From June to June 1: June to March 2.

2. Sentence;

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