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(영문) 인천지방법원 부천지원 2016.04.08 2015고단3485
업무방해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 11, 2015, the Defendant: (a) around Kimpo-si, Kimpo-si’s “E main store” in front of the “E main store” of the victim D’s operation located in Kimpo-si, Kimpo-si; (b) took the Defendant’s head of the above head office with the Defendant’s cryp and hump, and took the Defendant’s head of the above head office over three times, and (c) took the victim and the customer into the victim and the customer “

"A threat to a large sound," and interfere with affairs concerning the operation of the victim's head office by force, such as walking the door to the customer, walking the door with a view to walking.

2. On October 11, 2015, the Defendant interfered with the performance of official duties at the same place as before and after around October 21, 2015, and “persons who died”;

Along with the report of 112, two male persons sent to the field, they expressed a bath to “the governance fluent, Chewing, and governance fluence,” and assaulted on two hand the chests of the above G at a strong price and three times by body.

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

Summary of Evidence

1. Statement by the defendant in court;

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

1. To notify a department related to the reporting of the 112 Incident (three cases), each CCTV photograph, and on-site photograph;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 314(1) of the Criminal Act, Article 314(1) of the Criminal Act (the point of interference with business), Article 136(1) of the Criminal Act (the point of interference with the performance of public duties) and the choice of imprisonment for each crime;

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. Article 62 (1) of the Criminal Act on the suspension of execution (the following favorable circumstances):

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act / [Scope of Recommendation / [Interference with Duties] 1 Type 1 (Interference with Duties) in the mitigated area (one month to eight months), and 2 type 1 (Interference with Performance of Duties) in the basic area (six months to one year and four months), (the scope of final sentence due to the aggravation of multiple crimes) in the basic area (six months to one year and four months), (the scope of final sentence due to the aggravation of multiple crimes), and one year and eight months [decision of sentence].

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