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(영문) 서울동부지방법원 2014.12.26 2014고단1098
업무방해등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

(e).

Reasons

Criminal facts

Defendant

A is a person who was issued a summary order of a fine of one million won for a violation of the Punishment of Violences, etc. Act (at night) in a leisure branch of Suwon District Court on January 30, 2004 and nine criminal records of the same kind of violence.

1. On February 16, 2014, at around 02:55, the Defendant interfered with his duties with B, the Defendant committed disturbance with B, with the victim D in Songpa-gu Seoul, on the grounds that he worked as an employee, and on the grounds that he takes alcohol from other table table, he did so. B was frighting a misunderstanding on the floor of the misunderstanding, and the Defendant was frighting so that he was frighting, and frighting the scam after having frightd the scambling.

Accordingly, the defendant, in collusion with B, interfered with the victim's restaurant business by force for about 20 minutes.

2. On February 16, 2014, at around 03:15, the Defendant assaulted the part of the H, a police officer belonging to the said district, who arrested the Defendant as a flagrant offender at the front of the G District of the Seoul Songpa Police Station G District located in Songpa-gu Seoul, Songpa-gu, Seoul, on one occasion.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the handling of reports by police officers and the arrest of flagrant offenders.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to H and D;

1. Relevant Article 314 (1) and Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under Article 62(1) of the Criminal Act on the suspension of execution is that the nature of each of the crimes in this case is not less severe in light of the content and form of each of the crimes in this case, and that the defendant has the record of criminal punishment of fines on several occasions due to the same kind and different types of crimes is disadvantageous to

On the other hand, the defendant recognized all of the crimes in this case and reflected, and the defendant committed each of the crimes in this case by drinking.

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