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(영문) 인천지방법원 2020.06.26 2019고단8990
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 24, 2019, at around 00:55, the Defendant interfered with the business, the Defendant entered a main station of “D” operated by the victim C in Seo-gu Incheon, Seo-gu, Incheon, with the victim, and was asked from the victim to check it, the Defendant interfered with the victim’s main business for about 15 minutes by force, such as taking over and pushing down the two descendants of the victim, who was making a formal objection, and thereby obstructing the victim’s main business.

2. On November 24, 2019, the Defendant: (a) received a report at the same place as indicated in the foregoing paragraph (1) at the same time as indicated in the foregoing paragraph (1); (b) received a request from a police officer to return home from F and G police officers belonging to the Incheon Western Police Station E-district of the Incheon Western Police Station; and (c) sought a request from F and G to return home from the police officer belonging to the E-district of the Incheon Western Police Station E-district; and (d) used F to take a bath to “this buck and spath”; and (c) assault F with a f’s fth

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning the prevention, suppression and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F and C;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling List;

1. Relevant Article 314(1) of the Criminal Act, Article 136(1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. One to seven years and six months of imprisonment with prison labor for the scope of punishment by law;

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

(a) Basic crime (Obstruction of Performance of Official Duties) Type 1: Obstruction of Performance of Official Duties (No. 1) / Forced Performance of Official Duties (No. 2) The basic area of the recommended range and the scope of the recommended range (no. 6 months to June);

(b) Concurrent Crimes (Interference with Business) 1. Obstruction of Business Affairs for Determination Obstructions (Type 1) 2. Reduction elements of Special Convicts: Punishment is not to be imposed.

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