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(영문) 의정부지방법원 2016.08.10 2016고단1965
업무방해등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

The defendant is a person who operates entertainment establishments under the trade name of "C".

1. On April 2, 2016, the Defendant obstructed the victim’s main business by force by avoiding the amount of disturbance for about 30 minutes, such as drinking at the “F” main points operated by the victim E, which was operated by the victim E, around 22:35, on April 2, 2016.

2. When the Defendant continued to interfere with the performance of official duties, at the above time and place, arrested the Defendant as a flagrant offender with the obstruction of business from G Rabingman of the Guri Police Station G Gyeong-gu Police Station, who was called out after receiving a report on the fact that the Defendant is suffering from disturbance as above, the Defendant assaulted the Defendant, such as drinking h’s face at one time, turning h’s escape at one time, and turning h’s mouth

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the handling of 112 reported cases.

Summary of Evidence

1. Defendant’s legal statement

1. Application of each police statement protocol receipt, damaged photograph, and statutes governing the handling of reported cases to H and E;

1. Relevant legal provisions of the Criminal Act, Article 314(1) of the Criminal Act (the point of interference with duties), Article 136(1) of the Criminal Act (the point of interference with the performance of official duties) and the choice of imprisonment with prison labor as to the facts of 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 suspension of execution (the following favorable circumstances):

1. Grounds for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Order: The scope of final sentence due to the mitigation area (one month to eight months), the mitigation area (one month), the mitigation area (one month to one year and four months), where there is no person who is subject to special sentencing) in the basic area (one month to one year and four months), [the scope of recommendation] where there is no person subject to special sentencing] [the scope of punishment] the mitigation area (one month and eight months), the mitigation area (a person subject to special mitigation] the mitigation area due to the aggravation of punishment for the majority who is not subject to punishment: June to August 1 and August 8 [the decision of sentencing] where the defendant interferes with the victim's main business without any specific reason after drinking alcohol, and furthermore dispatched a police officer.

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