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(영문) 인천지방법원 부천지원 2017.02.08 2017고단65
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A special assault Defendant, while under the influence of alcohol around 12:03 on November 28, 2016, demanded to enter a beauty room operated by the victim C (n, 45 years of age) in the cosmetic-gu, Seocheon-gu, Seocheon-gu, Seoul, to damage the color. However, on the ground that the victim was under the influence of alcohol, the victim was under the influence of alcohol, and on the ground that the victim said that “I would like to die in the night-gu, I would like to do so.” In doing so, the Defendant assaulted the victim, i.e., a dangerous object prepared at home (20cm in length) and attempted to cut the victim’s head.

2. The Defendant interfered with the business affairs of the victim by force, such as breaking the victim’s cosmetic at the time, place, etc. set forth in paragraph (1).

3. On November 28, 2016, the Defendant was arrested by a police officer who was dispatched for the foregoing reasons, and was transferred to the office D office of the Seocheon-si Police Station D, Seocheon-si, Seoul Special Metropolitan City, 311, 311, the 84th Chocheon-si, Seoul Special Metropolitan City. On the 28th day of November 2016, the Defendant: (a) was released from the police officer who was arrested in the act of committing a crime; (b) was transferred to the police officer who was reported without any reason; and (c) was handed over to the Defendant and returned to the Defendant one time as a drinking part of the left face E of the police station D belonging to the Seocheon-gu Special Metropolitan City Police Station D to the Defendant

Accordingly, the defendant interfered with legitimate execution of duties concerning the arrest and release of police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes of C and E;

1. Relevant legal provisions of the Criminal Act, Article 314(1) of the Criminal Act (the point of interference with business), Articles 261, 260(1) (the point of assaulting carrying dangerous objects) of the Criminal Act, Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties) and the choice of imprisonment, respectively, for the 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Act on the observation of protection, and Article 59 of the Act on the Observation, etc. of Protection;

1. The circumstances favorable to the reasons for sentencing under Article 48(1)1 of the Criminal Act for forfeiture: The defendant voluntarily led to the instant crime.

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