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(영문) 의정부지방법원 2015.07.03 2014고단3828 (1)
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 24, 2014, from around 16:15 to around 16:45 of the same day, the Defendant interfered with the business, in collusion with C, expressed the victim’s “F restaurant” in the “F restaurant operated by the victim E in Namyang-si, Namyang-si” for about 30 minutes, “I am the victim’s “I am, sweet, and you am you am back from the reported indoor body,” and the Defendant interfered with the victim’s restaurant business by force by failing to enter the victim’s restaurant business by putting the victim’s desire, putting the food and alcoholic beverages on the customer into the customer, by pushing the victim’s cambling them over, and making it difficult for the customer to enter.

2. Around 17:05 on the same day, the Defendant: (a) asked the Defendant at the same place, where he was drunkly drunk, and the head of the police station located in the Namyang Police Station G District, which was dispatched to the site after receiving 112 a report, whether he would be able to pay food to the Defendant; and (b) assaulted the Defendant, i.e., the Defendant: (a) asked the Defendant, “I ambling, I am kne and knee, I am kne.,” with the sound “I ambling, I am kne, I kne, I am.”

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported duties.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. E statements;

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

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. Reasons for sentencing of Article 62(1) of the Criminal Code of the Suspension of Execution [Scope of Recommendation] The basic area (6 months to 1 year and 4 months) of the obstruction of performance of official duties (special person) (6 months to 1 year and 4 months): The criteria for treating multiple crimes without special person: the minimum limit for concurrent crimes under the former part of Article 37 of the Criminal Code between the obstruction of performance of official duties for which the sentencing guidelines are set and the obstruction of business for which the sentencing guidelines are not set.

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