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(영문) 인천지방법원 2019.05.10 2019고단1616
업무방해등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 18, 2019, at around 09:40, the Defendant obstructed the victim’s restaurant business by force by avoiding disturbance for about 50 minutes, such as taking a bath at the “C” restaurant operated by the victim B in Bupyeong-gu Incheon Metropolitan City, and taking a bath to the driver D without any particular reason, and taking the bath to the customers in the surrounding area, and putting him/her a stop.

2. On March 18, 2019, the Defendant was urged to return home from the Inspector F of the Incheon Bupyeong Police Station E District, who was called out after receiving a report of 112 from the time of the disturbance as described in paragraph (1), at the place described in paragraph (1) at around 10:35, 2019.

The Defendant, “B, I am, I am, I am, I am, I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am am. I am. I am. I am. I am. I am. I am. I am.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F and B;

1. Handic images of a Handphone;

1. Application of Acts and subordinate statutes to notify departments related to internal investigation and reporting 112 incidents;

1. Relevant Article 314(1) of the Criminal Act, Article 136(1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

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

1. Article 62 (1) of the Criminal Act;

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

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

(a) First Crimes (Determination of Punishment) (Obstruction of Performance of Official Duties). Obstruction of Official Duties (Type 1 / No person who has been forced to perform his/her duties) (the scope of recommendation area and recommendation area) basic area, six months to one year and six months;

(b) Class 2 Crimes (Interference with Business) [Determination of Sentencing] Obstruction of Business Affairs (Type 1] Obstruction of Business Affairs (Special Punishment) : The area of recommendation for non-compliance with Punishment; and

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