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(영문) 서울서부지방법원 2014.12.17 2014고단803
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 21, 2014, from around 01:20 to around 02:20, the Defendant: (a) expressed that the victim B, who is a security guard of the hospital, received it from the original department before receiving emergency medical treatment at the office in Yongsan-gu, Yongsan-gu, Seoul; (b) the Defendant expressed that “I would be able to receive cryp and internal medicine?” and that “I would be able to receive cryp and internal medicine? I would be able to get cryp and telephone equipment on the floor and collected clothes, shoess, etc., which he stored, and obstructed the victim’s security and reception guidance by force for about one hour.

2. On March 21, 2014, around 02:20 on March 21, 2014, the Defendant: (a) expressed the desire of “D, i.e., the police officer affiliated with the Seoul Yongsan Police Station C commander of the Seoul Yongsan Police Station,” on the ground that D, who was called upon 112, demanded the said D to return home; and (b) assaulted the said D with the horses and shoes, and booming the breast, thereby obstructing the legitimate execution of duties concerning the maintenance of order, instead of the public security and maintenance of order of the said D, a police officer.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of police statement concerning B and D;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Articles 314 (1) and 136 (1) of the Criminal Act applicable to 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. On the grounds of suspended sentence under Article 62(1) of the Criminal Act, considering the following facts: (a) interference with the security and reception guidance of the crime hospital of this case; (b) assaulting police officers who perform official duties; (c) records of the same type of punishment; (d) confession and reflect of the crime; (e) there is no record of punishment heavier than suspended sentence; and (e) other conditions of sentencing prescribed in Article 51 of the Criminal Act, such as

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