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(영문) 의정부지방법원 2015.06.05 2015고단150
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

except that 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

1. On November 18, 2014, around 21:00 on November 21, 2014, the Defendant obstructed the victim’s bar business by force by avoiding disturbance for about 1 hour and 30 minutes, such as, under the influence of alcohol, the victim D’s 'E’ book operated by the Government-si C, and seeing customers on the side tables without any reason, and viewing the urine on the floor.

2. At around 22:50 on the same day, the Defendant, at the same time and at the same time, took advantage of the police officer G and patrolmen, who are police officers belonging to the House of Government Police Station F Police Station, called the Defendant’s 112 report that the Defendant scambling the above scambling, followed the Defendant to return home to the Defendant, and the said G, who took the cambling of “the cambling scams appropriate.” The Defendant interfered with legitimate execution of duties concerning the maintenance of order of the above police officer, by forceing the said G to force once

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application of Acts and subordinate statutes of I and D;

1. Relevant Articles 314 (1) and 136 (1) of the Criminal Act and imprisonment, respectively, with prison labor, for the sake of relevant Articles of the Criminal Act and the choice of punishment for the crime;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] : The scope of sentence comparison between the applicable sentence and the recommended sentence that have no basic area (six to one year and four months) of the obstruction of performance of official duties (one year and four months): six to one year (one year and four months). There are concurrent crimes under the former part of Article 37 of the Criminal Act in which the guidelines for sentencing have not been set up from six months to six months (one year and four months). [Attachment Decision] 6 months, six months of imprisonment, and two years of suspended sentence: 2 years of suspended sentence; 3 years of suspended sentence; 4 years of suspended sentence; 4 years of a suspended sentence; 4 years of imprisonment under the influence of alcohol, even though the prosecutor was suspended from prosecution due to interference with his/her duties, it shall be deemed that the prosecution was conducted

(k) favorable circumstances: crimes that are against their own misconduct and are beyond a stay of execution;

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