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(영문) 서울북부지방법원 2017.08.23 2017고단2353
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence 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 May 22, 2017, at the entrance of the “Durel” working for the victim C in Dongdaemun-gu Seoul Metropolitan Government on May 22, 2017, the Defendant: (a) is unable to use a parking lot by continuously pressing, etc. installed at the underground parking lot; and (b) the Defendant is the F manager in the city E, entering the said Mourter, and the victim was the victim.

We will observe the early diversity.

The victim interfered with the business of the victim by force, such as making a large speech.

2. On May 2, 2017, the Defendant interfered with the performance of official duties, at the place indicated in paragraph 1, around 02:17, and at around 112, the Defendant obstructed the police officer’s lawful performance of duties concerning handling reports and arresting flagrant offenders, by assaulting the Defendant on the ground that H and I were arrested the Defendant as a flagrant offender of the crime of interference with his duties, on the ground that he continued to interfere with the performance of duties, while the police officer assigned the G police box of the Dongdaemun-gu Seoul Police Station, Dongdaemun-gu, Seoul, who was called out after receiving the report, and that he was able to interfere with the Defendant’s duties, and that he was arrested by the Defendant as a flagrant offender of the crime of interference with his duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to H, I, and C;

1. Photographs taken of a damaged victim H with the inner diameter of the victim H;

1. A investigation report (on-site search and CCTV investigation), CCTV images-cape photographs;

1. Application of Acts and subordinate statutes to investigation reports (verification of CCTV images for committing a crime);

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

1. Scope of applicable sentences under law: Imprisonment with prison labor for one month to seven years;

2. Group 1 (Obstruction of the Execution of Official Duties) of the scope of the recommended punishment according to the sentencing guidelines shall be the basic area (from June to June) of the first category (Interference with the Execution of Official Duties).

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