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(영문) 춘천지방법원 원주지원 2015.11.25 2015고단846
업무방해등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. On September 13, 015, the Defendant: (a) around 10:45 on September 13, 1015, the Defendant: (b) avoided disturbance, such as: (c) the crew, who carried the inspection marks on the B bus stops in the original bus bus terminal at KRW 171, and not complying with the demand for unloading; and (d) the Defendant was unable to operate the said bus for approximately 20 minutes on the victim D driving that was scheduled to start at KRW 10:50 on the same day.

Accordingly, the defendant interfered with the bus operation of the victim by force.

2. On September 13, 2015, at the same place as indicated in paragraph (1) around 10:55 on September 13, 2015, the Defendant committed assault, such as: (a) the Defendant, at the same time as indicated in paragraph (1); and (b) the Defendant, upon receiving 112 report that the Defendant was under the influence of alcohol, confirmed the case circumstances against the Defendant, etc.; (c) the Defendant: (d) the Defendant: (e) the Defendant: (e) stated that the Defendant: (e) sent the Defendant; (e) stated that the Defendant would have been under the influence of alcohol; and (e) stated that the Defendant “I am under the influence of alcohol”; and (e) stated that “I am under the influence of alcohol, I am under the influence

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F, C, and D;

1. Each statement of G and H;

1. Application of statutes on site photographs;

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. The scope of punishment by law: Imprisonment for not more than seven years and not more than six months;

2. Application of the sentencing criteria (Interference with business);

(a) Determination of types: Crimes interfering with business, interference with business;

(b) Special discretionary factors: The degree of interference is insignificant;

(c) Scope of recommendations: Reduction area, range to eight months [Obstruction of Performance of Official Duties]

A. Determinations of types: Crimes of obstruction of performance of official duties, obstruction of performance of official duties, and obstruction of performance of official duties.

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