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(영문) 수원지방법원 성남지원 2016.04.29 2016고단370
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment 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 July 25, 2015, from around 21:00 to 21:30 of the same day, the Defendant: (a) within the “E” restaurant operated by the victim D located in Seongbuk-gu, Seongbuk-gu, Seongbuk-do; and (b) whether the Defendant would no longer sell alcohol to himself/herself on the ground that he/she was drunk.

In addition, the 30 minutes of the disturbance, such as blocking the entrance of the above restaurant, interfered with the victim’s restaurant business by force.

2. The Defendant interfered with the performance of official duties, upon receiving 112 reports at the time, at the places specified in paragraph (1) and at the place specified in paragraph (1), committed assault, such as: (a) the police officers and guards belonging to the police box of the Gyeonggi Branch Police Station in charge of the game branch; (b) the police officers and police officers kept their pedices at the above restaurant; (c) the chills of G via back head; and (d) walking the left part of G

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the control of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or G;

1. Application of Acts and subordinate statutes to a field photograph and CCTV-cape campaigns;

1. Relevant Article 314(1) of the Criminal Act, Article 314(1) of the Criminal Act (the point of interference with business), Article 136(1) of the Criminal Act (the point of interference with the performance of official duties), and the choice of imprisonment (the fact that the defendant committed the same kind of crime for the period from July to August 2, 2015)

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. Article 62 (1) of the Criminal Act on the suspension of execution (the following sentence is the same as the statement as to whether the suspension of execution is included in the suspended sentence);

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

1. The scope of the recommended sentence: the scope of the final sentence according to the reduction area (one month to eight months), the mitigation area (including interference with business) of the type 1 (including efforts to recover damage) of the mitigated punishment area) of the mitigated punishment area of the first type (including interference with the performance of official duties) of the basic area (six months to one year and four months), the basic area (with no special sentencing person) of the first class (six months to one year), and the second class (Interference with the performance of official duties) of the crimes (including interference with the performance of official duties) of the punishment area (including efforts to recover damage): six months to one year and eight months;

2. [Pronouncement of punishment].

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