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(영문) 창원지방법원 2018.01.25 2017고단4019
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 15, 2017, from around 22:15 to 22:25 of the same day, the Defendant interfering with his/her business: (a) at the D restaurant run by the injured party C (V, 40 years old) at the window B of the Chang-si from around October 15, 2017, that the injured party does not receive the customer as the end of his/her business.

In the light of the defect, the author expressed that "Sari Sari Sari Sari" was "Mara who does not perform a funeral service in soon soon," and thereby interfered with the victim's restaurant business by force by force by making four customers who had been in the place did not perform meals."

2. At around 22:40 on the same day as the statement in paragraph 1, the Defendant: (a) asked a police officer assigned to the Changwon Police Station E District of the Changwon, who was dispatched to the same place as the statement in paragraph 1, to inquire about his personal information in order to identify the instant case; (b) “Iskh, snick, snick, snick, and snick, why you walk.”

Recognizing “”, she has served as a drinking once on the face of F, with the face of F.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement with respect to C and F;

1. Application of the G’s written Acts and subordinate statutes;

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. Reasons for sentencing under Article 62-2 of the Criminal Act for community service work;

1. The sentencing guidelines for Class 1 Crimes (Obstruction of Execution of Official Duties) [Scope of Recommendation] : The scope of final sentencing due to the aggravation of multiple offenses by the mitigation area (one month to eight months), the mitigation area (including a special mitigation person), the mitigation area (including a serious effort for recovery of damage) / the mitigation area) / the mitigation area (including a special mitigation person) / the mitigation area (including a serious effort for recovery of damage): June to October to October to 1:

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