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(영문) 서울남부지방법원 2016.10.27 2016고단3735
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 one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. On June 14, 2016, from around 23:05 to 23:15, the Defendant was unable to comply with the victim’s demand to leave the restaurant operated by the victim C located in Gangseo-gu Seoul, Gangseo-gu, Seoul, for the purpose of drinking “D” restaurant, and without any special reason, the Defendant was unable to resist the victim’s demand to leave the restaurant, for about 10 minutes, such as: (a) sprinking sprinke and sprinke; and (b) threatening customers who were eating without any special reason.

As such, the Defendant interfered with the victim’s restaurant operation by force.

2. On June 14, 2016, around 23:23, 2016, the Defendant committed assault, on the road of the entrance of the Gangseo Agricultural and Fishery Products Market No. 4 in Gangseo-gu Seoul Metropolitan City, Seogsan-ro, 24 (Overseas Haak-dong), and on the road of the entrance of the Gangseo Agricultural and Fishery Products Market No. 4 due to the Defendant’s disturbance, such as Paragraph 1, a person who was requested by the slopingF belonging to the Seoul Gangseo Police Station E-gu, Seoul, which was dispatched after receiving 112 a report, to make a statement on the relevant facts.

As a result, the defendant interfered with the legitimate execution of duties of police officers in regard to 112 reports.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and C;

1. Application of the G’s written Acts and subordinate statutes;

1. Obstruction of business under Article 314 (1) of the Criminal Act concerning the relevant criminal facts;

In this regard, Article 136(1) of the Criminal Act (amended by imprisonment)

U.S. Imprisonment

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act [Scope of Recommendation] 1 of the Act on the Suspension of Execution of Duties [Type 1] The basic area of obstruction of performance of official duties: June-1 and June 2] The basic area of obstruction of performance of official duties [Type 1]: there is no both June-1 and April [special person] and no one half of the upper limit of punishment as to the crime of obstruction of performance of official duties] [Treatment of multiple crimes] as to the crime of obstruction of performance of official duties (one half of the upper limit of punishment as to the crime of obstruction of official duties (eight months)] shall be added to the area of punishment as to the crime of obstruction of business: Six months-2 years [decision of sentence].

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