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(영문) 서울남부지방법원 2014.12.11 2014고단4385
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

1. On September 20, 2014, from around 23:15 to 24:00 on the same day, the Defendant expressed that “D” operated by the victim C in Yangcheon-gu, Seoul, would have the victim calculated the drinking value from the victim and listen to the phrase “A”, and expressed the victim’s neck by hand, etc., and had the victim take the victim’s neck by hand. The Defendant expressed that “I pay the drinking value” from the slope G belonging to the police box, such as the slope F, etc., sent by the victim after receiving the 112 report from the victim, and expressed his desire to “I am Mad Mad Mad Mad Mad Mad Mad Mad Mad Man, Mad Mad Mad Man, Mad Mad Mad Mad Mad Mad Mad Mad Mad.”

Accordingly, the Defendant interfered with the victim's bar business by force.

2. On September 21, 2014, around 00:05, the Defendant engaged in obstruction of performance of official duties: (a) was arrested as a obstruction flagrant offender by Yangcheon Police Station Epis, Epis, and by a slope G, and served with Epis, on the following grounds: (b) on September 21, 2014, the Defendant assaulted the Defendant at one time to walk the right side of the slopeF’s slope.

Accordingly, the defendant interfered with the police officer's criminal investigation and arrest of flagrant offenders.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol to C, F, and G

1. Article 314 (1) of the Criminal Act and Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

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

1. It appears that the reason for sentencing under Article 62(1) of the Criminal Act appears to be a contingent crime in the state of the reason for sentencing under Article 62(1) of the suspended sentence, the fact that the mistake is recognized, the same kind of violent crime has been record, but there has been no record of crime during the last five years.

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