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(영문) 수원지방법원 2016.03.25 2015고단6311
업무방해등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. 업무 방해의 점 피고인은 2015. 11. 13. 21:20 경부터 같은 날 21:50 경까지 화성시 C에 있는 피해자 D이 운영하는 ‘E’ 주점에서, 주문을 받으러 온 피해자에게 “ 개새끼야, 씨 발 새끼야, 짱 개 새끼야 ”라고 욕설을 하며 소란을 피워 피해 자가 주점 영업 준비를 하지 못하도록 함으로써, 위력으로써 피해자의 주점 영업 업무를 방해하였다.

2. The Defendant interfered with the performance of official duties at the time, place, and place specified in Paragraph 1 of the above Article, and the police box belonging to the police box of the Sung Sung-dong Police Station, which was called out after receiving a report of 112 from D, was defective in order for the Defendant to verify the circumstances of the instant case.

G 112 Report processing, a police official, was involved in lawful execution of duties on G 112 Report handling, by putting him/her at one time on the left luminous part of G, and flabing him/her on one hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes in which each police statement protocol with respect to G and D is entered;

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(1) of the Criminal Act (i.e., conditions favorable to the following reasons for sentencing)

1. Scope of the recommended sentencing guidelines;

(a) As to the interference with the performance of official duties [type] offence obstructing the performance of official duties, interference with the performance of official duties, and the basic area of Type 1 (Interference with and Forced Performance of Official Duties) [Scope of the balancing of recommendations] 6 months - one year and four months;

(b) As to the crime of interference with business affairs [type], where the degree of interference with business affairs, the area of mitigation of interference with business affairs [special mitigation persons], or the degree of interference with business affairs is minor, no penalty shall be imposed [the scope of the recommended sentence], January - August 8.

(c)Aggravated increase by standards for handling multiple crimes: 6 months of imprisonment; - August 2 of one year and 1.

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