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(영문) 인천지방법원 2018.08.31 2018고단4975
업무방해등
Text

A defendant shall be punished by imprisonment for six 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. Around June 14, 2018, the Defendant obstructed the Defendant’s business by drinking alcohol at a restaurant located in Jung-gu Incheon Metropolitan City, Jung-gu, Incheon, which operated the Victim C on June 14, 2018, and making it difficult for the Defendant to avoid disturbance for about 30 minutes, such as breaking glass and beer bottles at the bar, and breaking and sound at the bar.

Accordingly, the defendant interfered with the victim's restaurant business by force.

2. The Defendant, at the same place as the description in paragraph 1 at around 16:55 on the same day, demanded to return home from E, a police officer belonging to the Incheon Central Police Station, at the same time as that set forth in paragraph 1 at around 16:55, and the Defendant’s interference with the performance of official duties, and the Defendant’s interference with the foregoing police officer’s failure to return home from E, a police officer belonging to the Incheon Central Police Station, should “I am flick, open, flick, and flick, why

A police officer, who is in motion to blize the blance of the police officer, assaulted the face of the police officer in his/her hand.

Accordingly, the Defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and C;

1. A statement of the F;

1. 112 Notification to a department related to the report of the case;

1. Application of statutes on the site photographs of the case

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, Article 38 (1) 2, and Article 50 of the said Act (an aggravated punishment for concurrent crimes against a person who interferes with heavier business affairs);

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

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

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

(a) Class 1 (Interference with Business) (Interference with Determination of Type) (Interference with Business) (Interference with Business) - Class 1 (Interference with Special Sentencing) - The elements of mitigation: the scope of mitigation [including serious efforts to recover damage] mitigation area / [the scope of recommendation] mitigation area / [the scope of punishment / [the scope of recommendation] imprisonment from January to August.

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