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(영문) 인천지방법원 2018.11.08 2018고단3789
업무방해등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

[criminal history] On February 10, 2015, the Defendant was sentenced to ten months of imprisonment with prison labor for interference with business affairs by the Incheon District Court, and was released from a female prison on August 15, 2015 as a special amnesty exemption from the execution of the sentence, and completed the execution of the sentence on October 8, 2015.

[2] Criminal facts [2018 Highest 3789] From April 29, 2018 to April 00:15 of the same day, the Defendant interfered with the victim’s convenience store business by force for about one hour by the means of avoiding the disturbance of an employee D and customers, while drinking in front of the convenience store and convenience store located in Nam-gu Incheon Metropolitan City, Nam-gu, Incheon.

[2018 Highest 6219] On August 19, 2018, the Defendant took a bath on the ground that the attitude of the policeman, who was called to the police box of the Incheon Michuhol-gu Police Station, sent to the scene of the 112 report that he was written by a person (Defendant) in front of Michuhol-gu Incheon E, Incheon, and on the roadway (Defendant) was not in mind, and assaulted by both hand at one time when he pusheds his chest and takes a drinking face.

Accordingly, the defendant interfered with the legitimate execution of police officers' duties.

Summary of Evidence

[2018 Highest 3789]

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. 112 Report processing table (2018 high group 6219);

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A H statement;

1. 112 Report processing statement (before judgment);

1. Application of a reply to inquiry, such as criminal history, report on investigation (as such attached records), investigation report (as of the date of release from the military court), and statutes;

1. Relevant Article 314(1) of the Criminal Act, Article 314(1) of the Criminal Act (the point of interference with business), Article 136(1) of the Criminal Act (the point of interference with the performance of public duties) and the choice of imprisonment for each crime;

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

1. In the mitigation area (one month to eight months), the mitigation area (one month to eight months), the punishment not to be imposed (special mitigation (aggravating) / the same repeated crime) for the reason for sentencing under the former part of Article 37, Article 38(1)2, Article 50 of the Criminal Act, and Article 1 of the Reasons for Sentencing (Interference with Duties) (the scope of recommending punishment) for the sentencing of Article 38(1)2, Article 50.

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