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(영문) 인천지방법원 부천지원 2015.11.30 2015고단3020
업무방해등
Text

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 October 31, 2015, around 22:40 on October 31, 2015, the Defendant was unable to avoid disturbance for about 30 minutes, such as the 'D key point for the operation of the Victim C' in Bupyeong-si, Seocheon-gu, Seocheon-gu, Seoul. In response to the drinking and drinking of alcohol, the Defendant was able to take a bath at a large interest rate while participating in the drinking and drinking of alcohol, breaking the smallpos of the smallpos in the floor, breaking the smallpos of the other customers who requested to be melted, and boom the breas of the other customers who requested to do so.

Accordingly, the Defendant interfered with the victim's bar business by force.

2. On October 31, 2015, the Defendant engaged in obstruction of performance of official duties: (a) at the place indicated in paragraph (1); (b) at around 23:10 on October 31, 2015, the Defendant arrested the Defendant as a flagrant offender committing a obstruction of business; and (c) assaulted the Defendant at least once to walk the said G’s left knee part and the right part and the right part of the arms.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to crime prevention suppression and investigation.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of each police officer made to F and G;

1. Application of the Acts and subordinate statutes concerning field photographs and CCTV closure photographs;

1. Relevant Article 314(1) of the Criminal Act, Article 136(1) of the Criminal Act and Article 136(1) of the Criminal Act, the choice of imprisonment with prison labor for the crime;

2. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

3. Reasons for the sentencing of Article 62(1)(hereinafter referred to as the following conditions) of the Criminal Act for the suspension of execution: Article 62(1)(Scope of Recommendation) of the Reasons for the Punishment of Crimes 1 (Obstruction of Business) [Scope of Interference with Business] 1 (Interference with Business) and 2 (Obstruction of Performance of Official Duties) of the Basic Area (In June to June 1) [Scope of Recommendation ] of the obstruction of Performance of Official Duties (In the case of the obstruction of Performance of Official Duties) and the Basic Area (In June to April 1): Six months and two years [Scope of Final Sentence due to the aggravation of multiple crimes]. The defendant is seriously against his fault, and the previous conviction of fine is limited to the previous conviction.

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