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(영문) 서울남부지방법원 2016.02.03 2015고단5321
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 5, 2015, the Defendant: (a) 06:40 on the 06:5 December 5, 2015, the Defendant: (b) boarded a cab operated by the victim B in front of his active duty; (c) stopped on the front road of Guro-gu Seoul Metropolitan Government; and (d) took a bath to the victim on the ground that the damaged party was broken, while taking a bath to the victim, the Defendant, who was divingd, “FE,” and obstructed the victim’s taxi business by taking a disturbance for about 10 minutes, such as spiting down the flaf on the lower seat of the said cab.

2. On December 5, 2015, at around 07:08, the Defendant: (a) received a report from 112 among the Does that avoided disturbance on the front of Guro-gu Seoul, Guro-gu; and (b) received a demand from F in the process of carrying out the police box belonging to the Seoul Guro-gu Police Station E box to go out of a taxi; and (c) took a bath to “drum, satch, satch,” and sat down the frop of the above F; (b) took sat down the flap of the f; and (c) assaulted the flap of the police box G, Seoul, by taking the flap of the flap of the police box affiliated with the Seoul Police Station E box.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the control of crimes and the maintenance of order.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. B written statements;

1. Notification to a department related to reporting 112 cases;

1. On-site and damaged photographs;

1. Application of the Acts and subordinate statutes governing the criminal place

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

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. The reason for sentencing under Article 62(1) of the Criminal Act that a defendant in the reason for sentencing under Article 62(1) of the suspended sentence impedes the exercise of legitimate public authority by assaulting police officers is not very good to the nature of the crime and requires strict punishment in order to establish the public authority.

However, the defendant commits his crime.

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