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(영문) 인천지방법원 2017.12.13 2017고단7999
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal records] The Defendant was sentenced to one year of imprisonment with prison labor for a crime of violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) at the Incheon District Court on July 2, 2015, and the execution of the sentence is terminated on July 1, 2016.

[Criminal facts]

1. On October 2, 2017, at around 20:00, the Defendant obstructed the victim’s main duties by force between around 30 minutes, such as drinking at “E main points” operated by the victim D, which is located in the Nam-gu Incheon Metropolitan City, Seoul, by the victim D, without any justifiable reason, and unloading the tables on the main points, by hand, of approximately 30 minutes.

2. The Defendant interfered with the performance of official duties at the above date, time, and place as seen above, and at the 112 report, the Defendant heard the horses from the slope G belonging to the Seoul Southern-dong Police Station of the Incheon Southern-dong Police Station that called “Ising to drink with a heavy drinking alcohol, and returning home,” and was on the patrol vehicle. However, the Defendant assaulted the face of the said slope G with a multilater to cause the Defendant.

As a result, the defendant interfered with the legitimate performance of police officers' duty of handling 112 reports.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Written statements of D;

1. Previous records: Investigation reports (report on confirmation of crimes during the period of repeated crimes), judgments, and application of Acts and subordinate statutes to the current status of personal confinement;

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. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The grounds for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, Article 1 of the Reasons for the Punishment of Concurrent Crimes (Obstruction of Execution of Official Duties) / [the scope of recommending punishment] the basic area (Obstruction of Performance of Official Duties and Forced Performance of Duties) / [the scope of recommending punishment] the scope of final sentencing due to the increase of multiple crimes in the basic area (Interference with Duties) / [the scope of recommending punishment] the basic area (referring to six months to one year) / [the scope of recommending punishment] / the scope of final sentencing due to the increase of multiple crimes in the basic area (referring to six months to six months), Article 38(1)2 of the Criminal Act, Article 50: six months to three years [the scope of sentence].

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