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(영문) 서울북부지방법원 2015.07.21 2015고단1079
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 15, 2015, at around 20:00, the Defendant continued to smoke because the instant act, which was the same in the “E” restaurant for the victim D operation in Seongbuk-gu Seoul, Seoul, does not pass through a conversation with the Defendant, and first, it was bad for the Defendant to throw away from the restaurant TV, or even a non-smoking place. Notwithstanding the fact that the Defendant was unable to smoke, the Defendant was able to smoke by much depending on the sound flowing out from the restaurant TV, or even though he was in a non-smoking place, even though the victim was able to take out tobacco on a monthly basis, the Defendant was found

D. The Defendant, by means of force, obstructed the victim’s restaurant business for about one hour and 40 minutes. On March 15, 2015, the Defendant, who received the said D’s 112 report from the above “E” restaurant, notified the Defendant that the slope G, a police officer belonging to the Seoul DistrictF District of the Seoul District Police Station, sent the Defendant at around 20 minutes, could be punished as interference with the Defendant’s business, and even if the Defendant failed to take the 20 minutes of the said disturbance, he was led the Defendant’s arms, leading the Defendant, and going out of the restaurant without hearing the horses.

This Chewing can easily be discarded.

"Along with a sound, the face of a slope G was taken once by drinking."

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the handling of the 112 reported case by police officers G and the prevention and control of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statements made to D and G;

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. Article 62 (1) of the Criminal Act;

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

1. The sentencing criteria;

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