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(영문) 의정부지방법원 2018.01.16 2017고단4026
업무방해등
Text

A defendant shall be punished by imprisonment for not more than ten 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 July 26, 2017, the Defendant destroyed property by adding one of the 20,000 square meters at the market price owned by the victim D, which was located therein, from around 04:50 to around 205, the Defendant:

2. The Defendant: (a) obstructed the business of the Victim D’s Telecom at the above day-to-day conference; (b) obstructed the business of the Victim D’s Telecom by obstructing other guests’ waters; and (c) obstructed the victim’s telecoming business by obstructing other guests’ waters.

3. The Defendant interfered with the performance of official duties at the time, time, and place specified in Paragraph 2, and the Defendant was arrested the Defendant, who was dispatched to the scene after receiving a report of 112 that the Defendant was f (45 e.g., the police box belonging to the Eunpyeong Police Station E (45 e., the Defendant who was dispatched to the scene upon receiving a report of the disturbance, with the intent to obstruct the performance of duties, thereby obstructing the police officer’s legitimate performance of duties concerning the handling of the reported case and the arrest of flagrant offenders.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Written statements of D;

1. Photographs of damaged articles;

1. Application of Acts and subordinate statutes to a report on investigation (not accompanied by a written estimate for victim);

1. Article 366 of the Criminal Act, Article 314 (1) and Article 136 (1) of the same Act concerning the facts constituting an offense (the point of destruction), Articles 136 (1) and 136 (1) of the same Act (the point of obstructing the performance of official duties), the selection of imprisonment with prison labor;

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 suspended execution;

1. The act of assaulting a police officer during the lawful execution of official duties with the reason of sentencing under Article 62-2 of the Criminal Act, such as the observation of protection and the order to provide community service, constitutes a serious crime by itself, and thus, requires strict punishment. The Defendant has a criminal record of obstructing the performance of official duties

However, the punishment shall be determined in consideration of the fact that the punishment is against the law, the obstruction of the performance of public duties, etc., and the same offense has not been committed once.

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