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(영문) 서울남부지방법원 2014.03.12 2014고단166
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On January 8, 2014, around 21:30 on January 8, 2014, the Defendant interfered with the business of the victim C in Guro-gu Seoul Metropolitan Government: (a) expressed the victim’s desire to pay the fee; (b) expressed the victim’s desire to “the thickness to reduce the following reduction”; (c) attempt to take the part on the container; and (d) continuously expressed the victim’s desire to “ how he will die,” and (c) interfered with the victim’s singing business by force over about 20 minutes of the victim’s singing operation by force.

2. On January 8, 2014, the Defendant: (a) 21:50 of the performance of official duties: (b) assaulted the F, who was dispatched by the customer upon receipt of the report of 112 that the customer f (38 years of age) belonging to the E-district of the Seoul Guro Police Station E-gu, Seoul; (c) expressed the customer her desire to “I see why you see, I see, I see, I see, I see, I kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn k

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning F;

1. Application of the respective laws and regulations of C and G

1. Article 136 (1) and Article 314 (1) of the Criminal Act (the point of obstruction of performance of official duties) concerning the relevant criminal facts and the choice of punishment;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (an aggravated punishment for concurrent crimes as provided for in the heavier crime of interference with business);

1. Reasons for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as the following grounds for sentencing)

1. The scope of applicable sentences: Imprisonment for one to seven months;

2. Scope of recommendation (limited to the crimes of obstruction of performance of official duties) on the sentencing criteria [type of crime] where the degree of violence is insignificant among the crimes of obstruction of official duties (special mitigation factors] among the crimes of obstruction of official duties (Scope of sentence of recommendation] mitigated area (one to eight months of imprisonment).

3. Determination of sentence: Six months of imprisonment; and

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