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(영문) 수원지방법원 안산지원 2016.01.19 2015고단3430
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On October 24, 2015, the Defendant: (a) 01:40 around 01:40, the Defendant: (b) expressed the victim C’s desire to read “Chosday, Ih h. for the same year; (c)” on the part of the victim C’s main shop operated by the Sinsan-si, Sinsan-si; and (d) laid a boat to the victim; and (d) prevented the customer from entering the main shop by avoiding disturbance, such as a shot, by force, and thereby obstructing the victim’s main shop business operations for approximately 30 minutes.

2. On October 24, 2015, the Defendant interfered with the performance of official duties, at the above D main points around October 24, 2015, hereinafter the Defendant fright the customer fright.

"A police officer belonging to the police station of Ansan-gu, which was dispatched after receiving a report 112, committed violence, such as a police officer's flabing the defendant, flabing the above E with his hand, and walking the bridge of the above E on the right-hand side.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against C and E;

1. Application of the relevant photograph of the case, photographic records related to video materials of the suspect's atmosphere, and the investigation report (on-site CCTV in the case);

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. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [Scope of Recommendation] 1 Crimes (Obstruction of Performance of Official Duties) of the Criminal Act: Crimes of Class 1 (Obstruction of Performance of Official Duties and Forced Performance of Duties) in the basic area (Interference with Duties) of the Act on the Suspension of Execution of Official Duties: Class 2 Crimes (Interference with Duties) in the mitigated area (Interference with Duties from June to January 1): The final sentencing scope based on the aggravation of multiple crimes in the mitigated area (Interference with Duties) (In January to August 8): Six months to August 1, 198 (Determination of Sentence] unfavorable normal circumstances: The defendant found the victim who caused the failure to perform his or her duties and obstructed the performance of official duties and used violence against the police officer dispatched without any clear reason, and there is no agreement with the damaged police officer.

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