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(영문) 서울중앙지방법원 2020.04.16 2020고단583
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. Around 21:00 on January 13, 2020, the Defendant interfered with business: (a) 2nd floor of “D”, which was the top floor of the victim C’s operation in Gangnam-gu Seoul (Seoul) on the second floor; (b) under the influence of alcohol, the Defendant saw a large amount of 25 minutes for customers, such as “patching the president, drinking, and drinking. If you do not drink, I would see it on the second floor; and (c) thereafter, during the process of getting off and calculating the first floor, the Defendant dumped the victim and his employees could not properly respond to customers.

Accordingly, the Defendant interfered with the operation of the victim's main points by force.

2. At around 21:30 on January 13, 2020, the Defendant: (a) obstructed the performance of official duties; (b) on the street, at the top of the main station of the “D”, the Defendant: (c) obstructed the construction of the police box affiliated with the police box of Seoul Western Police Station, who was reported 112 for the said reason; (d) obstructed the construction of the f’s shoulder and the f’s chest by drinking; and (e) pushed the f’s shoulder and the f’s chest by drinking.

Accordingly, the defendant assaulted F and interfered with legitimate execution of duties concerning the prevention, suppression, and investigation of the above police officer.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of the respective laws and regulations of C, G and H

1. Relevant Article 314 (1) of the Criminal Act and Article 314 (1) of the Criminal Act (Interference with Business, Selection of Imprisonment), and Article 136 (1) of the Criminal Act (the point of obstruction of performance of official duties and the choice of imprisonment);

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. One to seven years and six months of imprisonment with prison labor for the scope of punishment by law;

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

(a) Class 1 crime (Determination of Types of Interference with Business) [Type 1] No person who interferes with business [the scope of the recommended field and the scope of recommendations], the basic field of crime (the scope of recommendation field and recommendation range], and six months to one year and six months; and

B. Second Crimes of obstruction of the performance of official duties (determination of types of obstruction of the performance of official duties)

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