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(영문) 인천지방법원 2017.04.27 2017고단1626
업무방해등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. On October 25, 2016, at around 00:20 on October 25, 2016, the Defendant: (a) around 00:20, at the D main points of operation of the Victim C (56) located in Seo-gu Incheon Metropolitan City, the Defendant: (b) was in dispute with the F who was a customer, E was in contact with the customer; (c) was in contact with the victim; and (d) the Defendant was able to avoid disturbance for about 30 minutes, such as taking the victim’s sound and taking a bath.

As a result, the Defendant conspired with E to interfere with the victim's operation of the amusement store by force.

2. The Defendant interfered with the performance of official duties at the above date, time, and place, and whether the police officers belonging to the Seo-gu Incheon Western Police Station who called out after receiving a report to avoid disturbance “if you are the police police officer, they are unable to avoid why the police officer is dissatt.”

“Catching and assaulting police officers Gather fat, which restrains this, by bating fat.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning 112 reporting handling duties.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. Statement of the police statement related to G;

1. Each statement of C and H;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant legal provisions of the Criminal Act, Articles 314(1) and 30 of the Criminal Act, Article 136(1) (a) (a point of obstructing the performance of official duties) of the Criminal Act, and Articles 136(1) (a point of obstructing the performance of official duties) of the Criminal Act, and the choice

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. Reasons for sentencing under Article 62(1) of the Criminal Act (including the following sentencing, etc. in consideration of the following sentencing)

1. Where the mitigated area (i.e., January to August), the mitigated area (i.e., January to August), (ii) (i.e., special mitigated persons), the degree of violence, intimidation, deceptive schemes, or the degree of interference with public duties is minor;

2. In the event that the degree of the power, deceptive scheme, or the degree of interference with work is insignificant in the area of special mitigation (one month to eight months) (special mitigation) within the category 1 (Interference with Business) (the scope of recommended punishment) (one month to eight months) and the scope of interference with business, the penalty is not imposed (the degree of interference with business operations).

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