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(영문) 인천지방법원 부천지원 2017.01.10 2016고단2801
업무방해등
Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for four months.

However, the defendant A is not subject to this judgment.

Reasons

Punishment of the crime

1. Defendant A

A. On September 11, 2016, the Defendant was unable to avoid disturbance for about 30 minutes, including: (a) the Defendant was arguing with the F cafeteria operated by the victim E on the victim E on the 23:35 Seocheon-si, Seocheon-si; (b) the Defendant was unable to avoid disturbance for about 30 minutes, for instance, he sawd the chair who was placed on the side table, and dump with a large sound.

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

B. The Defendant was notified that he would be arrested as a flagrant offender of the crime of interference with the duties of interference with the operation of the G District at the Seocheon-gu Police Station G District, Seocheon-gu, Seoul, which was called out after receiving a report from the principal restaurant operator while avoiding disturbance at the time and place described in the paragraph (a).

Defendant assaulted the instant H’s flaps by cutting down the flaps and cutting down the H’s flaps with the right flaps.

Accordingly, the defendant interfered with legitimate execution of duties concerning the arrest of police officers in the act of committing a crime.

2. Defendant B’s arrest of Defendant B in the act of committing an offense at the time and place described in paragraph (1) of Article 1

Upon notification, A assaulted A, such as “theme to be discovered with the inside of the house,” “H’s street blocking, and breathing blaps by cutting blaps.”

Accordingly, the defendant interfered with legitimate execution of duties concerning the arrest of police officers in the act of committing a crime.

Summary of Evidence

1. Defendants’ respective legal statements

1. The protocol concerning the interrogation of each police suspect against the Defendants

1. Statement made by the police with H;

1. Each statement of E and I;

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

1. Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties), Article 314(1) of the Criminal Act (the point of obstructing the performance of official duties) of the Criminal Act, and Article 136(1) of the Criminal Act, and Article 314(1) (the point of obstructing business), Defendant B who choose imprisonment: Article 136(1) of the Criminal Act,

1. A aggravated criminal defendant: the former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the Criminal Act;

1. Defendants on probation: The reasons for sentencing under Article 62(1) of the Criminal Act

1. The scope of punishment recommended according to the sentencing guidelines for Defendant A for the first offense (Interference with the business).

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