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(영문) 인천지방법원 2017.12.06 2017고단7828
업무방해등
Text

A defendant shall be punished by imprisonment for not less than eight 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 October 11, 2017, from around 03:07 to around 03:32, the Defendant: (a) ordered food and drink within the D restaurant operated by the Victim C located in the Southern-gu Incheon Metropolitan City, and carried out food and drink not ordered by his employees; (b) carried out booming and bathing employees E; (c) lowered the house of the house on the restaurant table on the restaurant table on the floor by cutting down the house to the floor of the restaurant, or laying down it on the restaurant floor on the restaurant floor.

Accordingly, the defendant interfered with the victim's restaurant business by force.

2. The Defendant interfered with the performance of official duties at the above date, time, place, and 112 reported and sent out, and heard the horses that they returned to the house because they were drunk from G in the circumstances belonging to the Namdong Police Station of Incheon Southern Police Station. On the other hand, he saw the left part of G’s bucks and walked twice on the left part of G’s bucks, and 2 times the upper part of the left part of G’s bucks.

As a result, the Defendant interfered with the legitimate execution of duties concerning the protection of police officers' lives and bodies.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of C’s written laws and regulations

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. The grounds for sentencing under Article 62-2 of the Criminal Act for the protection and observation, and the order to attend a lecture, are as follows: the punishment shown in the trial process of this case, such as the defendant's age, sexual conduct, family relationship, family environment, motive and means of committing the crime, and circumstances after committing the crime, etc., in the basic area (the scope of recommended punishment) No. 1 (the obstruction of duties between June and January), No. 2 (the scope of recommended punishment) (the obstruction of duties) (the scope of duties).

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