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(영문) 의정부지방법원 2019.03.08 2018고단5478
업무방해등
Text

Defendant

A Imprisonment with prison labor for eight months and for ten months, respectively.

However, as to Defendant A, this shall not apply.

Reasons

A. Defendant B: Articles 314(1) and 30 of the Criminal Act, Article 311 of the Criminal Act, and Article 136(1) of the Criminal Act

1. Commercial competition;

(a) Defendant A: Articles 40 and 50 of the Criminal Act;

(b) Defendant B: Articles 40 and 50 of the Criminal Act (Mutually, Crimes of Obstruction of Performance of Official Duties)

1. Selection of each sentence of imprisonment;

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

1. Defendant A who is subject to suspended execution: Reasons for sentencing under Article 62(1) of the Criminal Act (the scope of recommended sentences according to the sentencing guidelines set by the Supreme Court);

1. Defendant A First Crimes (Obstruction of Performance of Official Duties): Crimes (Obstruction of Official Duties) 2 (Obstruction of Performance of Official Duties: From June to June): The scope of sentence according to the standards for multiple crimes * The range of sentence according to the standards for handling multiple crimes * the range of sentence according to the standards for punishment : Six months to six months ; there are no guidelines for sentencing as to insult * There are no grounds for sentencing as to the crime of insult 6 months, and imprisonment for not less than six months;

2. Defendant B’s offense No. 1 (Obstruction of Performance of Official Duties): The aggravated area (where there are many public officials who have suffered damage, one year or four years) of the obstruction of performance of official duties (in the case of multiple public officials, one year or four years), and the mitigated area (in the case of interference of official duties), according to the mitigation area (in the case of imprisonment not to impose punishment, one month or eight months): 1 to April 4: there are no sentencing guidelines for the offense of insult * for one year or four years, and one year or more (in the case of the offense of insult, the sentence is sentenced] The Defendants of the father-party relationship interfere with the business of the Raba, and repeatedly take repeatedly among police officers dispatched to the police box, and as a result, they interfere with the police officer’s performance of official duties by assaulting the police officer’s chest or clothes with drinking.

The crime of obstruction of performance of official duties is a proper exercise of public authority, which is the basis of a constitutional state.

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