logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.09.28 2017고단3151
업무방해등
Text

Defendant

A shall be punished by imprisonment for four months, by a fine of three thousand won,00,000 won, respectively.

Defendant

B The above fine.

Reasons

Punishment of the crime

1. On March 26, 2017, Defendant A’s business interference and damage to property interfered with the victim’s hotel business by force, such as opening a guest room in the “GMoel” located in Jongno-gu Seoul, Jongno-gu, Seoul, and opening a room in the “GMoel” located in the said area, and destroying a house equal to KRW 30,000,000, market price of the glass cup and lighting fixtures owned by the victim H by the victim, and breaking a large amount in the above mother corridor, etc. for about 10 minutes, and preventing other customers from entering the victim’s hotel business.

2. The Defendants who interfered with the Defendants’ performance of official duties were sent to the Defendant at the same date and time as Paragraph 1, and at the same place as Paragraph 1, and 112 was reported and sent to the Defendant, who was the police officer belonging to the Seoul-ro Police Station I police box. Defendant A her walked on the left part of the J, and Defendant B used the Defendant’s arms to arrest the Defendant A as a flagrant offender.

Accordingly, the Defendants jointly interfered with the legitimate execution of duties by police officers on the handling of 112 reported cases.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to J, H, and K;

1. Application of statutes on site photographs;

1. Relevant legal provisions concerning criminal facts and the point of obstructing the choice of punishment (Defendant A): Article 314(1) of the Criminal Act (the choice of imprisonment with prison labor) (the point of obstructing the performance of official duties (the Defendants’ choice of imprisonment with prison labor): Articles 136(1) and 30 (the choice of imprisonment with prison labor for Defendant A and fine for Defendant B) of the Criminal Act;

1. A aggravated defendant for concurrent crimes: The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act;

1. Defendant B detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendant A who is subject to suspended execution: Article 62 (1) of the Criminal Act;

1. Defendant B of the provisional payment order: The scope of the recommended punishment in the sentencing guidelines under Article 334(1) of the Criminal Procedure Act (Defendant A);

1. One type of interference with the execution of official duties (the scope of punishment for recommendation).

arrow