logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2018.03.08 2018고단42
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 16, 2017, at around 08:15, the Defendant interfered with the duties of the Defendant, within “D cafeteria” operated by the victim C (V, 55 years of age) located in the Southern-gu Incheon Metropolitan City, the Defendant interfered with the victim’s restaurant operation duties by force for about 50 minutes by avoiding disturbance, such as taking a bath to other customers, and taking a cell phone on the table table above, under the influence of alcohol.

2. Around 09:05 on the same day, the Defendant obstructed the police officer’s legitimate execution of his duties concerning the handling of the report on 112 report, by assaulting the Defendant, such as: (a) who was solicited by F from the security guards F of the Incheon Southern Police Station E District Police Station affiliated with the Southern Police Station, who was dispatched after receiving a report from 112, to visit the house; and (b) who was shabing a f’s breath with a breath, and was spaced by drinking.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of C’s written laws and regulations

1. Relevant Article 314(1) of the Criminal Act, Article 136(1) of the Criminal Act, and Article 136(1) of the Criminal Act, the choice of imprisonment for a 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. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act / 【Scope of Recommendation’ according to the standards for handling multiple crimes ( June - February 3) is suitable for careful treatment in light of minor power and reflective light.

The punishment for six months shall be determined within the scope of the recommended punishment, but the execution shall be deferred for one year on condition that community service for the prevention of recidivism is provided.

arrow