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(영문) 수원지방법원 성남지원 2016.08.19 2016고단1594
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 6, 2016, the Defendant: (a) obstructed the Defendant’s business: (b) 00:15 on March 6, 2016, around the DoMour’s calculation unit run by the victim C (54 ) located in Gangseo-si B; (c) flag without any justifiable reason under the influence of alcohol; and (d) e, an employee of the said her motherel, who was in the place, “a flag, chewing fla

Before doing so, “the victim’s breath,” the victim’s breath, and obstructed the victim’s burling business for about 35 minutes by force, by inserting his hand with a calculating window, intending to catch breath, etc., and throwing four male customers to enter the burg, etc.

2. Around 00:50 on March 6, 2016, the Defendant: (a) told the Defendant to return to the house of the Defendant at a slope G (34 tax) affiliated with the Fridge G (34) of the Gangnam Police Station, which was called out after receiving a report of 112; and (b) interfered with the Defendant’s act, such as the description in paragraph (1), “I am bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch, and I am son at one time with the Defendant’s hand.”

Accordingly, the defendant interfered with the legitimate execution of duties by police officers concerning 112 reporting processing duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by each police victim to G and E;

1. Application of Acts and subordinate statutes to a criminal investigation report (a photograph taken by a on-site police officer and CD attachment);

1. Relevant Article 314 (1) of the Criminal Act and Article 314 (1) of the Criminal Act (the obstruction of business, the choice of imprisonment), and Article 136 (1) of the Criminal Act (the point of obstructing the performance of public duties and the choice of imprisonment);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. [Scope of punishment recommended]

(a) Type 1 (Interference with Duties) (Interference with Duties) is the basic area (from June to one year and six months) (a person who has no special sentencing factors).

(b) Category 1 (Interference with the Execution of Official Duties) that interferes with the performance of official duties in Category 2 (Interference with the Execution of Official Duties).

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