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(영문) 인천지방법원 2018.07.26 2018고단3556
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 April 23, 2018, from around 01:00 to around 01:20 of the same day, the Defendant: (a) expressed that “Esing” operated by the victim D in Nam-gu Incheon Metropolitan City, would be under the influence of alcohol and requesting the victim to leave from the damaged; and (b) expressed that “I am the same year as bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit, etc. of this time, I am the victim, thereby threatening the victim, threateninging the victim, and obstructing the victim’s musical business by force by avoiding disturbance, such as spit spit bit bit bit bit bit, etc. in the water.

2. Whether the Defendant interfered with the performance of official duties at the above place on April 23, 2018, at around 01:20, and at the above place on April 23, 2018, after receiving a 112 report and being informed from F in the circumstances belonging to the Incheon Southern Police Station, “packer” to F;

C. The franchisation “F.” assaulted F’s head on one occasion by drinking while taking the bath.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or F;

1. Application of Acts and subordinate statutes of the investigative report (a wooden G and H statements);

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 stay of execution (The following sentencing shall be taken into account, etc.):

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. Where the mitigated area (i.e., January to August), the mitigated area (i.e., January to August), (ii) (i.e., special mitigated persons), the degree of violence, intimidation, deceptive schemes, or the degree of interference with public duties is minor;

2. Part 2 Crimes (Interference with Business) (Scope of Recommendation) where the degree of the power and deceptive scheme or the degree of interference with business is minor in the area of special mitigation (one month to eight months), and where the degree of the power and deceptive scheme or the degree of interference with business is minor, the non-compliance with the punishment (including serious efforts to recover damage).

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