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(영문) 광주지방법원 목포지원 2016.05.24 2015고단1675
업무방해등
Text

A defendant shall be punished by imprisonment for not less than eight 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. From around 01:40 on December 13, 2015 to 03:50 on the same day, the Defendant interfered with the victim’s restaurant business by force, such as: (a) from “E” operated by the victim D, the victim D; (b) around one-hour and one-hour and one-hour and one-hour and one-hour conflicts with F; and (c) the victim demanded the payment of the food value to the customers on the side tables even after they have returned to Korea; (d) the victim booms the disturbance; and (e) having six customers go to the restaurant, and interfered with the victim’s restaurant business by force.

2. On December 13, 2015, the Defendant interfered with the performance of official duties, at around 03:50 on December 13, 2015, after receiving 112 reports from “E” as stated in paragraph (1) of the same Article, was at bar from a slopeH belonging to the G District Group at the Bapo Police Station, and was in a timely fashion, and “I see this dog.”

The author expressed his desire to "I Don" as "I Don," and assaulted the left face of H one time by drinking.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police of H or D;

1. Application of the Acts and subordinate statutes on receipts, damaged photographs, voice CDs;

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. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

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

1. Scope of applicable sentences under law: Imprisonment with prison labor for one month to seven years;

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

(a) First-Class 1 (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 four months), and there is no special sentencing factor;

B. Group 2 Crimes (Obstruction of Duties) [Scope of Recommendation] Obstruction of Duties (Obstruction of Duties) (Type 1 (Obstruction of Duties) (No. 1-8 months) [Special Reductions] Non-Punishment (including serious efforts to recover damage).

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