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(영문) 인천지방법원 2017.01.19 2016고단7844
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 October 8, 2016, the Defendant: (a) was drinking food at the D restaurant operated by the victim C in Jung-gu Incheon Metropolitan City around 00:05 on October 8, 2016; and (b) was sled with salted fish.

Si expenses and the fact that the victim has written the domestic products among those who have been able to bring about other sled fish.

For about 20 minutes by avoiding the disturbance, the noise has been faced with noise, thereby obstructing the victim's operation of the restaurant by force.

2. The Defendant interfered with the performance of official duties at the above date, time, and place, and the police officers belonging to the Incheon Jungbu Police Station E District Police Station, who called out after receiving a report by the Defendant to avoid disturbance, committed assaulting the Defendant, such as the defect in which the police officers of the Jungbu Police Station of Incheon Jungbu Police Station would restrain the Defendant, going out of the restaurant, and walking twice the back of the above F, thereby obstructing the police officers’ receipt of reports and legitimate performance of official duties concerning the handling of the case.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F, G, and C;

1. C’s statement;

1. Application of Acts and subordinate statutes to a report on investigation (referring to video analysis);

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

1. Application of the sentencing criteria;

(a) Class 1 Crimes (Obstruction of Duties) (Obstruction of Recommendation) (Scope of Duties) and No. 1 Crimes (Obstruction of Duties) are basic areas (from 6 months to 1 year and 6 months) (a person with special sentencing).

(b) Class 2 Crimes (Obstruction of Execution of Official Duties) / [Scope of Recommendation] Scope of Final Punishment due to the aggravation of multiple offenses for which there is no basic area (6 months to one year and six months) (6 months to one year and six months): 6 months to two years.

2. The fact that the defendant committed the crime of this case again even though he had the record of punishment for the same kind of crime, the damage recovery has not been achieved, the defendant shows the perception of and reflects his mistake, and other reasons of the defendant.

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