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(영문) 수원지방법원 안양지원 2017.08.10 2017고단284
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 February 19, 2017, the Defendant: (a) was under the influence of alcohol in front of the apartment site of a forest village located in Sinpo-dong in Sinpo-si, Gyeonggi-do on February 19, 2017, and (b) was trying to pay the taxi fee by the card at around D in front of the Gyeonggi-si, Gyeonggi-do; (c) however, due to the shortage of the balance, the Defendant was trying to make a payment of the taxi fee by using the card; (d) was unable to pay the taxi fee; (d) was refusing to pay the taxi fee by “I would like to take a bath, sing, singing, and singching,” and obstructed the victim’s business by having the 20 minutes of the taxi.

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

2. On February 19, 2017, the Defendant: (a) expressed the victim F (30) who is a public official belonging to the police unit E District Police Station in the Gunan Police Station, called “Choe F (30)” on the roads prior to Gyeonggi-si, Gyeonggi-si; (b) notified the victim of the charge of the violation of the Punishment of Minor Offenses Act; and (c) boarded the police station on the charge of the violation of the Punishment of Minor Offenses Act; and (d) notified the victim of the charge of the violation of the Punishment of Minor Offenses Act.

"................... the hand hand burged the victim's face without a pipe of the area.

As a result, the defendant interfered with legitimate execution of duties concerning the handling of 112 reports by the victim who is a police officer and the arrest of fine recipients.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of B’s written laws and regulations;

1. Articles 314(1) and 136(1) of the Criminal Act of the same Act concerning the facts constituting an offense, and the choice of imprisonment;

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 suspension of execution (see, e.g., Supreme Court Decision 62 (1)

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