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(영문) 서울동부지방법원 2016.11.29 2016고단3301
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 10, 2016, from around 10:40 to 1100, the Defendant: (a) found the victim C, who was under the influence of alcohol, in D’s D’s station operated by the Plaintiff C; (b) caused the victim C to run a customer by putting the customer a stop at the above D’s station and allowing the customer, who was under the influence of alcohol, to run a stop; and (c) prevented the victim from smoking tobacco from entering the gas station by force, thereby obstructing the victim’s business by force.

2. On the same day, the Defendant used the obstruction of performance of official duties at the same place as in paragraph (1) and used the F police officer belonging to the Gyeongnam Police Station E District, and the F officer of the Gyeongnam Police Station, who was dispatched to the Defendant for the same reason in order to verify the Defendant’s personal information, and used the F to “in order to draw out why the inside is required to have his resident registration number, she will do so,” and used the F’s external f to walk up the said F’s external f’s external f’s external boom and walk up twice.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the 112 civil petition report.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of F’s written Acts and subordinate statutes;

1. Relevant Article 314(1) of the Criminal Act, 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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Sentencing criteria;

(a) Where the degree of interference with business (the scope of recommendations) is minor, such as the area of mitigation (from to August) (special person), the degree of deceptive means of force, or the degree of interference with business, in the area of interference with business;

B. The scope of the obstruction of performance of official duties [the scope of recommendations] is the basic area (6 months to 1 year and 4 months) of the obstruction of official duties (the first type).

(c) Multiple standards for dealing with crimes: Six months to one year and eight months; and

2. The decision of sentence shall be made by the main abandoned of the gas station in the state of delivery by the defendant.

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