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(영문) 서울북부지방법원 2016.09.22 2016고단2534
업무방해등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On November 6, 2015, the Defendant was sentenced to ten months of imprisonment by the Seoul Northern District Court for interference with the execution of official duties, etc., and completed the execution of the above sentence on February 3, 2016.

1. On June 25, 2016, the Defendant: (a) while driving a bicycle on the front side of the Seoul Jung-gu Seoul Metropolitan Government, around 18:00, the Defendant: (b) the victim D, who was driving a bus No. 146, carried the bicycle on the front side of the bus driver’s seat on the front side of the Defendant’s bicycle.

Defendant continued to put the above bicycle, dissatize the front and rear wheels of the above bicycle, and the injured person goes off from the bus to the side of the passenger, and sees the door of the left shoulder, and see “dhing the light.”

“A person suffering from disturbance by not later than 18:25 on the same day, such as the one with a sound, the other with the front wheels and the rear wheels, etc., was unable to operate the bus.

Accordingly, the Defendant interfered with the bus operation of the victimized person by force.

2. The Defendant assaulted, at the time, at the time, and at the place described in paragraph 1, the victim D (66) to block the bus operated by this victim D (6) and to avoid the disturbance, the Defendant used the victim’s right shoulder at one time by drinking.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against D;

1. Investigation report (Attachment to the site image of the case), and photo of the scene of crime;

1. A criminal investigation report (verification of images);

1. Previous convictions in judgment: References to inquiries, such as criminal history, investigation reports (verification of the date of release from office), application of Acts and subordinate statutes on personal confinement;

1. Relevant Article 314(1) of the Criminal Act, Article 260(1) of the Criminal Act and Article 260 of the Criminal Act, the choice of imprisonment with prison labor for the crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. As to the Defendant’s assertion in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act that aggravated concurrent crimes, the Defendant and the defense counsel shall be in the state of mental and physical loss or mental weakness under the influence of alcohol at the time of the instant crime.

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