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(영문) 서울북부지방법원 2015.09.02 2015고단727
업무방해
Text

Defendant

B A person 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

[Defendant B]

A. On October 15, 2014, around 22:55, the Defendant: (a) attempted to illegally cross the road front of the Seoul Western-gu Seoul Western-gu; (b) was removed from the Victim F by the police box affiliated with the E police box; and (c) was deemed to be a judious group of unspecified persons, such as Happ G, the Defendant should not immediately handle the Defendant’s duties.

D. The victims were openly insulting, such as “I have to go through a large voice,” which reads as “I have to go to the Republic of Korea.”

B. In the date, time, place, and place mentioned in the preceding paragraph, the Defendant: (a) took a bath to the police officer F; and (b) received notice from the E (a police officer, who could be punished as a crime of insult if he takes a bath to the police officer; and (c) took a bath to the police officer; (d) took a bath to the police officer; and (e) interfered with legitimate execution of duties concerning the maintenance of police officer’s order by assaulting the police officer, such as taking a bath to the above H; and (e) having him remove the clothes by taking the shoulder dog.

Summary of Evidence

1. Defendant B’s legal statement

1. Each police statement made to F and H;

1. A complaint;

1. Application of the photographic Acts and subordinate statutes;

1. Articles 136 (1) and 311 of the Criminal Act applicable to the crimes;

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act (to the extent that the long-term punishment for each crime is added up);

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

1. The scope of applicable sentences under law: one month to six years; and

2. Application of the sentencing criteria (by May 1, 2015);

A. First Crimes (Scope of Recommendation) (Obstruction of Performance of Official Duties) (Scope of the Obstruction of Performance of Official Duties) and the basic area (6 months to 1 year and 4 months) (special person) of the 1st Crimes (Obstruction of Performance of Official Duties) (Scope of Recommendation)

(b) Second offense: An offense for which the sentencing criteria are not set;

3. The sentence shall be imposed as ordered in consideration of all the sentencing factors appearing in the records of the instant case, such as the confession and reflection of the Defendant’s sentence, the fact that there is no record of punishment heavier than a suspended sentence, and the background, mode, circumstances after the instant crime was committed, the age, character and conduct, and environment.

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