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Reasons
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(영문) 수원지방법원 안양지원 2015.05.22 2015고단404
업무방해등
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A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 9, 2015, at around 23:15, the Defendant obstructed the victim’s restaurant business by force by avoiding disturbance, such as drinking foods at the “D” restaurant operated by the victim C (54 years old) (hereinafter referred to as “D”), and having customers leave the restaurant, without any reason, and allowing customers to leave the restaurant.

2. The Defendant at the above temporary border, while avoiding disturbance at the above location, obstructed the police officers, such as the Gyeonggi Military Police Station E District Police Station E District F, who was called out after being reported 112, in order to listen to the statements of the victim and the Defendant, and kneee, knee, knee, knee, knebbbbbbbs at one time and one hand, and obstructed the Defendant’s legitimate execution of duties concerning the suppression of the above F’s crime.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. C’s statement;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Article 314 (1) of the Criminal Act, Article 314 (1) of the Criminal Act, Article 136 (1) of the Criminal Act, and the choice of imprisonment for a crime ( considered when there is force of assault, etc.);

1. Reasons for the sentencing of Article 62(1) of the Criminal Act on the suspended sentence [Scope of Recommendation] The sentence of Article 62(1) of the Act on the Suspension of Performance of Official Duties shall be determined as per the disposition, taking into account the following: (a) the basic area (6 to 1 year and 4 months) of the obstruction of performance of official duties (the person who has been specially punished): (b) the standards for treating multiple crimes without a specific punishment: (c) for not less than six months (the decision of sentence is applied only to the crime of concurrent crimes with the obstruction of business for which no sentencing guidelines have been set; (d) the decision of sentence

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