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(영문) 인천지방법원 2018.07.13 2018고단3666
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence 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 April 28, 2018, from around 00:00 to around 00:50 on the same day, the Defendant obstructed the victim’s music club business by force, by preventing customers who had entered the said music club from entering the said music club by causing disturbance, such as paying the drinking value and claiming the victim to return home in two Es operated by the victim D, Nam-gu, Incheon.

2. On April 28, 2018, the Defendant: (a) reported at the singing club around 00:45 on April 28, 2018 to the effect that “Absent guests have no knowledge of being drunk;” and (b) the slope G belonging to the Incheon Southern Police Station, which called out, paid the Defendant the drinking value to the Defendant and returned home.

C. As the Defendant tried to stop out of the above sing club without paying the drinking value, the chest part of the said G was pushed down with the Defendant’s chest part, and the Defendant was sing down with the arms.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Written statements of D;

1. Application of Acts and subordinate statutes, such as photographs of site and victims, permits for business operation, and photographs of business registration certificates;

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 public duties) and the choice of imprisonment for each crime;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of the recommended sentences according to the sentencing criteria;

A. Group 1 Crimes (Obstruction of Execution of Official Duties) (Scope of Recommendation) (Obstruction of Execution of Official Duties) (Obstruction of Execution of Official Duties and Forced Performance of Duties) is the basic area (six months to one year and six months), and there is no special sentencing factor.

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