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(영문) 서울남부지방법원 2016.01.26 2015고단5148
업무방해등
Text

A defendant shall be punished by imprisonment for not less than five 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 November 18, 2015, around 19:30 on November 18, 2015, the Defendant interfered with the victim’s business by force over 15 minutes, due to the following: (a) the victim’s C operation located in Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter “Seoul Yeongdeungpo-gu”); (b) the victim’s business was frighted in the calculation unit without any justifiable reason; (c) the employee E, etc., took a bath to the employees; and (d) duplicing

2. The Defendant obstructed the performance of official duties, upon receiving a report at the above time and place, identified the circumstances leading up to G of the Yeongdeungpo Military Police Station F in relation to the instant case, and assaulted the Defendant, i.e., the Defendant, as a defective hand, to arrest the Defendant as an offender in the act of interference with his duties, and satisfling G’s chest in the course of moving the Defendant on board the patrol vehicle and moving the satch, and walking the satfage of G as his hand.

Accordingly, the defendant interfered with legitimate execution of duties concerning the arrest of police officers in the act of committing a crime.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Each police statement protocol with respect to E and G;

1. Application of Acts and subordinate statutes to photographs damaged by public service;

1. Relevant legal provisions concerning facts constituting an offense and obstructing the choice of a sentence: Article 314 (1) of the Criminal Act (the choice of imprisonment and a punishment): Article 136 (1) of the Criminal Act (the choice of imprisonment and a punishment);

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 the recommended sentences according to the standard table of sentencing;

(a) Basic crimes [Scope of Recommendation] Type 1 (Interference with the Performance of Official Duties and Compelling the Performance of Duties) and the basic area (from 6 months to 1 year and 4 months) (a person with no special sentencing sentencing)

(b) Group 1 (Interference with Business) area subject to mitigation (one month to eight months) (including a person subject to special mitigation), which is not subject to punishment (including a serious effort to recover damage);

(c) Criteria for handling multiple crimes: Six months to one year and eight months (the lowest limit shall be six months, which is the lowest limit of a basic crime, and the upper limit shall be 1/2 of the upper limit of a basic crime plus four months, which is the upper limit of a basic crime);

2. Sentence;

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