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(영문) 서울중앙지방법원 2014.12.16 2014고단8324
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 27, 2014, from around 21:45 to 21:55 on the same day, the Defendant interfered with his duties: (a) at the “E restaurant operated by the victim D in Seocho-gu Seoul Metropolitan Government from around October 27, 2014 to around 21:5, the Defendant: (b) caused the victim to neglect himself; (c) caused the victim to do so on the ground of his disregarding himself; (d) the victim’s negligence; (d) he saw her to her head; (e) her head; and (e) returned to the cafeteria; and (e) returned to her head; and (e) again, the Defendant interfered with the victim’s restaurant business by force by driving the victim’s disturbance over about 10 minutes.”

2. On October 27, 2014, the Defendant interfered with the performance of official duties: (a) on the road in front of the above restaurant; (b) on the 21:55, on the 2014, at the front of the said restaurant, the Defendant deemed that the Defendant would take a bath to D, the owner of the said restaurant, while investigating the details of the report and the circumstances of the case against the victim by the slope, and obstructed the police officer’s legitimate performance of duties on the 112 reported duties.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. Each police statement of G and H;

1. Each statement in H, I, and D;

1. The application of Acts and subordinate statutes to photographs of damage, investigation reports (related to the statement of a shote), place of work, and telephone communications conducted by the victim H, the details of investigation into telephone communications conducted by the victim H (A

1. Relevant Article 314(1) of the Criminal Act concerning the crime (a point of obstruction of performance of official duties) and Article 136(1) of the Criminal Act concerning the choice of imprisonment with prison labor;

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 (i.e., circumstances favorable to the accused as shown below);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The sentencing criteria are the crimes of obstruction of performance of official duties.

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