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(영문) 수원지방법원 2017.12.08 2017고단5861
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 two years from the date this judgment became final and conclusive.

(e).

Reasons

Punishment of the crime

1. On July 23, 2017, the interfered with the duties of the Defendant, his spouse B (the summary indictment on the same day) of the Defendant: (a) around 00:18, at the drinking house operated by the victim D, the victim D, which is located in Gansi-si, on the floor, spiting the spits into the Defendant’s port; (b) the Defendant spits into the Defendant’s port; and (c) the Defendants spit the customers by hand; and (d) the Defendants spit the victim and the customers with a large

Accordingly, the Defendant conspiredd with B to interfere with the victim's drinking business by force.

2. The Defendant obstructed the performance of official duties at around 00:50 on the same day, was arrested by a police officer who was dispatched after receiving a report on the said act, and was escorted from the back seat of the patrol police officer to the correction district.

The defendant saw the defendant, left from the place, and the police station guard of the Seodaemun-gu Seoul Special Metropolitan City was the defendant, and the defendant was prevented, and the above E's face was used as the hand floor.

Accordingly, the defendant interfered with legitimate execution of duties concerning investigation by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect of each police officer against the defendant or B;

1. A written statement prepared by the defendant;

1. Statement made by the police for E;

1. Application of the respective Acts and subordinate statutes of D, F and G preparation;

1. Relevant legal provisions of the Criminal Act, Articles 314(1) and 30 (Interference with Business) of the Criminal Act, Article 136(1) of the Criminal Act, 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. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [Interference with Duties] Reduction Area (Interference with the Execution of Official Duties in -8 months), mitigation area (in the case of minor degree of violence in -8 months and in the case of minor degree of violence), the scope of the recommended sentence] one month - one year (in the case of a crime of interference with the performance of official duties, the range of punishment shall be limited] - one year (in the case of a crime of interference with the performance of official duties in the upper limit of the sentence scope of the crime of interference with the performance of duties), under the influence of alcohol. There has been the history of punishment

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