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(영문) 서울동부지방법원 2018.04.18 2017고단4111
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. On December 1, 2017, the Defendant: (a) around 23:30 on December 1, 2017, the Defendant obstructed the victim’s restaurant business by force by drinking alcohol in the “D cafeteria” managed by the victim C in Seongdong-gu Seoul Metropolitan Government; (b) spiting spits on the floor, spiting customers in the above-mentioned stuffing area, taking profits to their employees, taking a bath, etc.; and (c) preventing customers in the above-mentioned area from entering the said area by stopping and having them enter the said area; and (d) thereby obstructing the victim’s restaurant business.

2. On December 2, 2017, the Defendant: (a) was urged by the Defendant to return home from F of the Gyeongdong Police Station E District F of Seoul, Sungdong Police Station, who was dispatched to the site after receiving a report at around 01:10 on December 2, 2017, on the date and at the place specified in paragraph (1) of the said paragraph; and (b) was urged by the Defendant to do so.

Dums expressed that they would be ‘bucks', which they used in his hand, used to capture tobacco and strings to the face of the above F, and assault the F F's bucks by walking the bucks in one time.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of laws and regulations on police statements made to C and F;

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 suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

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

(a) Class 1 Crimes (Obstruction of Execution of Official Duties) (Scope of Recommendation) (Obstruction of Execution of Official Duties) and Basic Field (Interference with Execution of Official Duties and Forced Performance of Duties) ( Imprisonment of six months to one year and six months);

B. Group 2 Crimes (Interference with Business) (Interference with Business) (Scope of Recommendation) (Interference with Business) (No one-month or 8 months of imprisonment), the mitigated area (Special Mitigation) (including serious efforts to recover damage) (Article 1-8 months of imprisonment).

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