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(영문) 수원지방법원 2017.01.20 2016고단4893
업무방해등
Text

A defendant shall be punished by imprisonment for six 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. On July 27, 2016, the Defendant interfered with the Defendant’s business, at around KRW 16:20, obstructed the Defendant’s operation of 45 minutes of disturbance, such as “E EM” operated by the victim D in Suwon-si, Suwon-si, under the influence of alcohol, with the victim being under the influence of alcohol, and with the victim’s noise, i.e., “after the victim’s horse, mar, mar, mar, mar.,” and doing considerable humiliation to customers, thereby obstructing the Defendant’s operation of the horse by force.

2. On July 27, 2016, around 17:05, at around 17:05, the Defendant: (a) requested the Defendant to verify his identity; (b) the police box belonging to the police box of the Suwon Heavy Police Station, which entered the port upon receipt of the 112 report; and (c) when the Defendant was kneeing the Defendant of the police box belonging to the same police box, where he saws abre while taking a serious bath and embling him; and (d) the Defendant was kneeeing the back of the police box belonging to the police box

As a result, the Defendant interfered with legitimate performance of duties concerning the handling of reported case by H, the police officer H 112.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes in which each police statement protocol with H and D is entered;

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 stay of execution (see, e.g., favorable circumstances deemed as the following grounds for sentencing):

1. Grounds for sentencing under Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act for observation of protection and observation;

1. Scope of sentencing recommended according to the sentencing criteria;

(a) Interference with the performance of official duties (basic crime) / [Type 1 (Interference with the performance of official duties and coercion of duties)] Basic area (the scope of recommended punishment] from 6 months to 1 year and 4 months;

(b) Crimes of obstructing the performance of duties [Type] Crimes of obstructing the performance of duties [Type 1 (Interference with Business)] Reduction [Person with Special Mitigation] Punishment, Non-existence of Punishment (Scope of Recommendation Punishment] from January to August.

(c) Final sentence scope due to the aggravation of multiple offenses: Imprisonment with prison labor for not less than six months from one year to eight months; and

2. The decision-making defendant has been made several times of crimes of the same kind or violence;

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