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(영문) 춘천지방법원 원주지원 2016.07.05 2016고단455
업무방해등
Text

A defendant shall be punished by imprisonment for six 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 April 10, 2016, the Defendant interfered with the Defendant’s business: “D main points” operated by the Victim C in Hanju-si, one of the following: (a) when drinking alcohol becomes an issue of drinking and drinking value; (b) when drinking alcohol after drinking and drinking alcohol, the Defendant’s interference with the Defendant’s business: (c) what Korea would accord to B;

B. If the applicant receives the notice of the decision

The victim's main business operation was obstructed by force by preventing customers from entering the disturbance, such as putting off alcohol disease and getting off the calculation unit, and allowing them to enter the main points of the disturbance.

2. On April 10, 2016, around 22:40, the Defendant obstructed the performance of official duties, at the places indicated in Paragraph 1 above, and as such, the Defendant avoided the disturbance as seen above, and was reported to the effect that “A fighting was on the D main points located in B,” and the backgroundF belonging to the Kuju Police Station E District would restrain the Defendant, while taking a bath, she sprinked the fat of the said F, and sprinked the said F, while taking a bath.

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the prevention and investigation of police officers' crimes and the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and C;

1. G statements;

1. Reporting on the arrest of a case;

1. Relevant photographs;

1. Application of the receipt statute

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Crimes No. 1 (Obstruction of Duties) (Scope of Recommendation) and No. 1 (Obstruction of Duties) are the basic area (6 months to 1 year and 6 months) (a person with no special sentencing seal).

2. Class 2 Crimes (Obstruction of Execution of Official Duties) / [Scope of Recommendation] Obstruction of Execution of Official Duties, the basic area (from June to one year and four months) / None of special sentencing factors (a person who is subject to special sentencing).

3. The scope of final sentence due to the aggravation of multiple offenses: From six months to two years; and

4. Determination of sentence: Six months of imprisonment; and

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