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(영문) 의정부지방법원 2018.05.24 2018고단768
업무방해등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On December 1, 2017, the Defendant: (a) was unable to bring an disturbance for about 20 minutes, on the main point of “D” in the operation of the Victim C, which is located in Ma-si B on December 1, 2017, due to the Defendant’s intending to take a bath and body fighting against customers who singing, and to take a stop on their own with his/her own with his/her will and with his/her trust, etc.

Accordingly, the defendant interfered with the victim's main business by force.

2. 공무집행 방해 피고인은 2017. 12. 1. 23:45 경 제 1 항 기재 장소에서 제 1 항 기재와 같은 업무 방해 사실로 신고를 받고 출동한 의정부 경찰서 E 지구대 소속 경장 F로부터 귀가 요청을 받자 이를 거부하면서 위 F에게, “ 개새끼야, 자신 있으면 엮어 봐! 짜 바리 새끼들아! ”라고 욕설을 하고 손으로 F의 목 부위를 1회 밀치는 등 폭행하였다.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers regarding the handling of reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F, G, and H;

1. Each investigation report (the analysis of CCTV images) shall be applied to statutes;

1. Relevant Article 314 (1) of the Criminal Act and Article 314 (1) of the Criminal Act (the obstruction of business, the choice of imprisonment), and Article 136 (1) of the Criminal Act (the point of obstructing the performance of public duties and the choice of imprisonment);

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 (the following favorable circumstances) of the suspended sentence;

1. The scope of applicable sentences under law: Imprisonment for one month to seven years; and

2. Scope of the recommended punishment on the sentencing criteria: Imprisonment with prison labor for up to six months up to two years.

(a) Class 1 Crimes (Obstruction of Duties) (Obstruction of Recommendation) (Scope of Duties) and No. 1 Crimes (Obstruction of Duties) are basic areas (No person with a special sentencing sentencing range from June to January 6) (no person with a special sentencing range)

(b) Class 2 Crimes (Obstruction of Execution of Official Duties) / [Scope of Recommendation] Scope of Final Punishment due to the aggravation of multiple offenses for which there is no basic area (six months to one year and six months) (special sentencing factors) / From June to one year and six months): Six months to two years.

3. Determination of sentence;

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