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(영문) 서울남부지방법원 2015.12.02 2015고단4280
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 8, 2015, from around 07:20 on the same day to around 07:40 on the same day, the Defendant obstructed the victim’s restaurant business by force by drinking in the “D” restaurant operated by Kimpo-si, Kimpo-si, B, 24: (a) having the Defendant talked with the Defendant’s wife while talking with the Defendant in a large voice; and (b) having other customers leave the restaurant business.

2. At around 07:50 on the same day, the Defendant: (a) obstructed the performance of official duties on the street near the above restaurant; (b) obstructed the Defendant, who assaulted the wife’s bridge, etc., including “Ig to grow up on the spaws, v. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. Each statement of C and H;

1. Application of Acts and subordinate statutes to photographs of damaged parts;

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

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

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as “contributable circumstances”)

1. Sentencing criteria;

(a) Class 1 crime (Interference with Business) (Scope of Recommendation) (Scope of Business ] No basic area (Interference with Business) (6-1 year and 6 months) (special person) exists;

(b) Where the extent of the mitigation area (i.e., month or August) (special mitigation), which is minor, of assault, intimidation, or deceptive scheme, is minor, for Type 1 (Scope of Recommendation) (Obstruction of Performance of Official Duties and Forced Obstruction of Duties).

(c) The scope of final sentence due to the aggravation of multiple offenses: Imprisonment with prison labor for not less than six months from one year to ten months;

2. The fair exercise of public authority by a defendant who has been sentenced to punishment several times as a violent crime, and by assaulting a police officer;

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