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(영문) 의정부지방법원 2015.04.21 2014고단4704
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 November 28, 2014, the Defendant interfered with the business of the Defendant: (a) around 21:30, at the D cafeteria operated by the Government-si, the victim under the influence of alcohol expressed his/her desire to do so to the victim; (b) walking the above cafeteria, and (c) obstructed the victim’s restaurant business by force by blocking customers who want to enter the said cafeteria.

2. Around 22:10 on November 28, 2014, the Defendant’s insultd the victim H, etc., who was a police officer belonging to the said earth, by providing the victim’s Ha, etc., who was a police officer belonging to the said earth, with the victim’s Ha, etc., “I amba, Cypina, I amba, I amba, I amba, I amba, I amba, I amba, I amba, I amba, I amba, I amba, I amba, I amba, I amba, I amba, I am amba, I amba, I amba, I amba, I am amba, I amba, I amba.”

3. On November 28, 2014, at the same place as the preceding paragraph, the Defendant interfered with the performance of official duties by the Defendant: (a) spit spit spit spit spit spit spit spit spit spit spit spit spit spit spit spit spit spit spit spit spit s

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. A written statement of C, G, and J preparation;

1. Photographs;

1. Application of Acts and subordinate statutes to a report on investigation (a witness statement in K)

1. Relevant Article 314(1) of the Criminal Act, Article 314(1) of the Criminal Act, Article 311 of the Criminal Act, Article 136(1) of the Criminal Act, and Article 136(1) of the Criminal Act, the choice of imprisonment for a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Although Article 62(1) of the Criminal Act of the suspended execution has the record of being sentenced to a fine twice due to the offense of insult against police officers, and the method of the instant crime, the mode of conduct, and the circumstances after the commission of the crime are inferior, the punishment exceeding the fine due to the same kind of crime.

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