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(영문) 서울북부지방법원 2019.06.13 2018고단5186
업무방해등
Text

The punishment of the accused shall be eight months by imprisonment.

Reasons

Punishment of the crime

1. Around 20:00 on December 5, 2018, the Defendant interfered with his/her duties: (a) at a singing practice room operated by the victim B in Seoul Special Metropolitan City, Nowon-gu, the Defendant, under the influence of alcohol, tried to put the client in front of the victim several times; (b) the victim sent the Defendant out of the room; (c) cut off the door for five minutes; (d) the victim sent the door to the locker; and (e) avoided the disturbance for five minutes; and (e) the victim opened the door, opened the door to cut back the drinking water, and cut off the drinking water that the victim freshed, and then talked.

Accordingly, the Defendant interfered with the victim's operation of the singing practice room for about 30 minutes by force.

2. When the Defendant was informed of the date and time set forth in paragraph (1), and at the place of the performance of official duties, that the Defendant was forced to check B from the police guards D belonging to the Seoul Nanwon Police Station C District of Seoul Nanwon Police Station, the Defendant expressed that he was forced to check B, and that he was able to take a drinking face, and that he was able to take two times the chinum.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police concerning D's performance of official duties;

1. Application of the B’s written laws and regulations;

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. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

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

A. First Crimes (Scope of Recommendation) (Obstruction of Performance of Official Duties) (Scope of the Obstruction of Performance of Official Duties) and the basic area (6 months to 1 year and 6 months) of the 1st category of the Obstruction of Performance of Official Duties (Obstruction of Performance of Official Duties)

(b) Class 2 crime (Interference with Business) (Scope of Recommendation), category 1 (Interference with Business) (Interference with Business) (No person with Special Punishment) shall be the basic area (six months to one year and six months).

(c)endend by aggravating multiple offenses.

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