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(영문) 서울서부지방법원 2017.04.12 2017고단165
업무방해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence 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 December 10, 2016, from around 04:30 to around 05:44, the Defendant obstructed the victim’s main business by force by having the customers, who had drinking alcohol out of the outside of the customer’s body, play a kind of fluoral behavior, such as having the customers, who had fluoral drinking, play a fluoral fluoral fluor, and play a fluoral fluor for an unspecified number of customers who had been on the main part of Yongsan-gu, Seoul, the Defendant interfered with the victim’s main business by force.

2. Around 06:35 on December 10, 2016, the Defendant: (a) was arrested on the street in front of “G police box” located in the Yongsan-gu Seoul Yongsan-gu Seoul Metropolitan Government, and transferred it to the Seoul Yongsan Police Station; (b) the Defendant used the police officer affiliated with the G police box for the purpose of “the police officer of the Yongsan-gu Seoul Yongsan Police Station, she will be faced with the face of H by taking the head’s face and spiting it on the face.”

Accordingly, the defendant interfered with the legitimate execution of duties concerning the handling and escort of a police officer's report.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of statutes on police statements made to I and H

1. Article 314 (1) and Article 136 (1) of the Criminal Act (the point of interference with the performance of official duties) concerning facts constituting an offense;

1. Selection of each sentence of imprisonment;

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. Although there has been a history of having been punished several times due to violence on the grounds of sentencing under Article 62(1) of the Act on the Suspension of Execution, in light of the fact that each of the crimes of this case was committed, and that spits, etc. on the affected police officers are obstructed by insulting methods, such as spits, etc., it is necessary to impose strict punishment. However, under the influence of alcohol, the Defendant is trying to commit each of the crimes of this case and undergo treatment of alcohol abuse after committing each of the crimes of this case, making efforts to avoid

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