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(영문) 서울남부지방법원 2016.06.29 2015고단5659
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 14, 2015, the Defendant: (a) around 02:50 on December 14, 2015, the Defendant: (b) obstructed the victim’s taxi operation by force by driving a mobile phone in the vicinity of the new four-distance in Yangcheon-gu Seoul Metropolitan Government (60) with a view to the victim’s convenience while getting in the taxi and going to the destination, without any justifiable reason; (c) threatening the victim as he gets in the taxi; (d) threatening the mobile phone as he gets in the front of the taxi; and (d) leaving

2. On December 14, 2015, around 03:10, the Defendant: (a) recommended the Defendant to return home at the front of Geumcheon-gu Seoul, Geumcheon-gu Seoul; (b) the police officer F (35 years) affiliated with the Seoul Geumcheon Police Station E (Seoul), who was dispatched after receiving 112 a report; and (c) the Defendant exceeded the upper part of the police station, who was suffering from a bath, carried out her arms with a view to turning the F one time, and had a threat of drinking over several occasions.

Accordingly, the defendant interfered with the legitimate execution of official duties on the maintenance of order of police officers F.

3. The Defendant damaged public goods, at the time and at the place specified in the above paragraph 2, destroyed the blives of the patrol car of the Seoul Geum-cheon Police Station G patrol car, which was stopped at that place, by cutting off the blives of the patrol car, and then damaged the blives of the patrol car, which was an object used by the public office, by cutting off the cell phone, and then damaged its utility.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of witness F;

1. Photographs;

1. C’s statement;

1. Each police statement made with H and F;

1. Application of the video CD-related Acts and subordinate statutes

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), Article 141(1) of the Criminal Act (the point of interference with the performance of public duties), and each choice of imprisonment with prison labor;

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 suspended execution;

1. Crimes 1 (Obstruction of Performance of Official Duties) for the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act / [Scope of the recommended punishment] Crimes 2 (Obstruction of Duties) in the basic sphere (from June to June) of the invalidation and destruction of public goods.

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