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(영문) 춘천지방법원 원주지원 2016.11.01 2016고단843
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

However, 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 11, 2016, the Defendant interfered with his/her duties: (a) around 00:05, the Defendant: (b) asked the victim “Imk in E-si operated by the victim D” on the front of the restaurant located in Kum-si B; (c) but, on the ground that the victim delayed his/her answer, the Defendant was going to the front road of the Sejong-do 42, the said taxi was able to take a bath to the victim; and (d) did not get off the taxi while getting out of the taxi with the receipt and receipt of the said taxi.

Accordingly, the defendant interfered with the victim's taxi operation by force.

2. On August 11, 2016, the Defendant: (a) around 00:19, at the front of the Sejong High School located in 42, Gosiwon-si, Goju-si, the Defendant: (b) expressed a defective desire for the Defendant to return home to the Defendant; (c) sent the F Zone G police officer of the original police station, who was called upon the said D’s 112 report; and (d) sent the said G’s neck and the breast part to the said H’s breast part in hand; and (d) sealed the said H’s breast part in hand.

Accordingly, the defendant interfered with legitimate execution of duties concerning the suppression of police officers' crimes and the handling of 112 Reporting Cases.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to G, D, and H;

1. Report on the occurrence of the case;

1. Application of statutes to photographs of victimized police officers;

1. Relevant Article 314(1) of the Criminal Act, Article 136(1) of the Criminal Act, Article 136(1) of the Criminal Act, and the choice of imprisonment, respectively, for the crime;

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. Type 1 (Obstruction of Affairs) (Scope of Recommendation) (Scope of Affairs) and no basic area (Interference with Affairs) (including June to one year and six months) (special person) exists;

2. Type I (Obstruction of Performance of Official Duties) of the Act on the Performance of Official Duties (Scope of Recommendation)

3. The scope of final sentence due to the aggravation of multiple offenses: From six months to two years, July 10; and

4. Determination of sentence: Imprisonment; and

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