logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2018.02.08 2017고단5440
업무방해등
Text

A defendant shall be punished by imprisonment with prison labor 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 July 24, 2017, the Defendant is unable to receive a check, while calculating the goods purchased within the C convenience store located in Suwon-si B and the first floor of Suwon-si on July 24, 2017.

“Woo-h, woo-h, and so on” to the victim, “Woo-h, woo-h, and reported to the press organization.”

“Along about 20 minutes by force, the victim’s convenience store operation work was obstructed by a threat of force, such as: “A sound, 2 to 3 times a drinking-based calculating platform; the victim’s accounting was obstructed by avoiding disturbance; or other customers’ entry.”

2. On the same day, the Defendant was arrested of a flagrant offender under the same suspicion as the above paragraph, and was carried out in the police box of the police station in the Suwon-si, Suwon-si, Suwon-si, Suwon-si, and then was carried out in the police box in the F police box, and then, at the above police box, G, a police officer belonging to the F police box, attempted to sit the Defendant at the police box in the seat of the police box, and received one time the f police officer G’s boom G’s head.

Accordingly, the defendant interfered with the legitimate execution of duties related to the arrest of police officers in flagrant offenders and the management of suspect's illness.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A report on internal investigation:

1. Investigation report (Attachment of CCTV images to the F police box), CCTV-cape photograph;

1. Investigative reports (to hear statements from victims);

1. Application of photographs, CD 1 statute

1. Relevant legal provisions of the Criminal Act, Article 314(1) of the Criminal Act (the point of interference with business), Article 316(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. Grounds for sentencing under Article 62(1) of the Criminal Act (the following grounds for sentencing, taking into account the circumstances favorable to the defendant);

1. Crimes No. 2 (Obstruction of Duties) within the scope of recommendations according to the sentencing guidelines, which fall under the category 1 (Obstruction of Execution of Official Duties) [the scope of recommendations] shall interfere with the performance of official duties, which fall under the category 1 (Obstruction of Execution of Official Duties and Forced Performance of Duties).

arrow