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(영문) 의정부지방법원 2015.10.16 2015고단2709
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. From June 26, 2015 to June 21:5, 2010, the Defendant: (a) expressed to customers at the Exure point of the victim D’s operation located in the Council-si from Jun. 26, 2015 to Jun. 21:50 of the same day, the Defendant: (b) expressed to customers the desire to “feasible fection feasction fection; (c)” and (d) obstructed the work of the victims by force, such as: (a) coming to the inside of the accounting unit where the employee F was performing his/her duties; (b)

2. At around 22:10 on the same day, the Defendant committed an act of obstruction of performance of official duties, such as paragraph (1) of the same day, and was arrested in the act of committing an act of committing an act of committing an offense, and was arrested in the back seat of the patrol seat, and took a bath to “new” during the patrol seat of the G District, and obstructed the police officer H’s right eye at the back seat of his head, and obstructed the police officer’s legitimate performance of duties concerning the suppression of an offense and investigation of an offense.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. A written statement;

1. Damage photographs;

1. Application of the Acts and subordinate statutes governing the investigation report (CCTV image investigation);

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. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Act: The first crime (Obstruction of Performance of Official Duties) for the reasons for sentencing under Article 62-2 of the same Act; the second crime (Obstruction of Duties) for which no basic area (6 to 1 year and 4 months) exists (the scope of recommendations) [the scope of recommendations] for obstruction of duties; the scope of final sentence according to the reduction area (1 to 8 months) for the first crime (special mitigation] for the mitigation area (1 to 1 month); the scope of punishment for the majority of the punishment non-members: June to 18 [Pronouncement Decision] for June to 6 months; one year of suspended sentence; one year of community service; normal conditions unfavorable to 40 hours; the police officer’s obstruction of duties; the police officer’s obstruction of legitimate performance of duties by taking his eye as his head; and the crime of injury.

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