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(영문) 서울중앙지방법원 2014.08.27 2014고단4465
업무방해등
Text

A defendant 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

1. Around 13:00 on May 24, 2014, the Defendant obstructed the victim’s clothes sales business by force by putting up the standing signboards installed by the victim E on the floor in front of the D's clothes store located in Jung-gu Seoul Metropolitan Government, and taking a bath to the victim who stated in the above, and preventing the victim from entering the said store by avoiding approximately 30 minutes of disturbance, thereby hindering the victim’s clothes sales business.

2. The Defendant: (a) committed assault against G on the ground that G, a police official belonging to the Central and Secondary Police Station F police box, who was dispatched to the scene after receiving a report of 112 on the said grounds at the time and place set forth in paragraph (1) of the same Article, attempted to arrest him as a flagrant offender by avoiding the foregoing interference with business; and (b) by walking the G on one occasion, on the ground that G attempted to arrest him

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in the suppression and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement of E and G;

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

1. Relevant Article 314(1) of the Criminal Act, Article 136(1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

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

1. Article 62 (1) of the Criminal Act (The following grounds for sentencing shall be taken into consideration):

1. The reason for the sentencing of Article 62-2(1) of the Social Service and Article 59 of the Act on Probation, Etc. [Scope of Recommendation] The basic area (6 to 1 year and 4 months) of the obstruction of performance of official duties (the person who is a special person] shall be limited to six months or more (the lowest sentence shall be based on the lowest sentence range according to the sentencing criteria for the crime for which no sentencing guidelines have been set) [the sentencing criteria are concurrent with the crime of interference with business for which the sentencing guidelines have been set]. On the other hand, the fact that the defendant is led to confession, the fact that the defendant is the first offender, the fact that the victim is agreed with the victim E, and G.

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