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(영문) 인천지방법원 2017.04.20 2017고단761
업무방해등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. On November 7, 2016, at around 23:30, the Defendant obstructed the operation of the accommodation business of the victim by force, such as: (a) having been accommodated in the victim K’s seat 203 heading room operated by the Jeju-siJ on the first floor; (b) having been working on the phone of the first floor in a large amount of 1st century; (c) having been working on the phone; (d) having been working on the phone of the knickter; (d) having 2nd floor and the first floor corridor; and (e) having taken a bath for 15 minutes of the disturbance, such as having the customer, who had been living in the said place, demanded a refund.

2. On November 8, 2016, at around 00:02, the suspect involved in the performance of official duties committed assault by assaulting the police officer’s face of N on the handling of the report of 112 reported at the location described in Paragraph 1 of the same Article, and obstructing the police officer’s legitimate performance of duties on the handling of the report of 112 reported cases, in order for N on the part of the Jeju-dong Police Station Mate, dispatched to the site after receiving a report of 112 to listen to the situation of the case in detail.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to police statements made to N,O, or K;

1. Relevant Article 136 of the Criminal Act, Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), Article 314 (1) of the Criminal Act (the point of obstructing duties) and the choice of imprisonment with prison labor for the 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. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of the recommended sentence according to the sentencing guidelines for the crime Nos. 1 (Interference with Business) (Scope of Recommendation) and the basic area (Interference with Business) of No. 1 (Interference with Business) (No. 6 months to 1 year and 6 months) (Interference with Business Execution) (the scope of recommended punishment) and the basic area of No. 2 (Interference with Business Execution) (No. 6 months to 1 year and 6 months) (the person subject to special sentencing) (the person subject to special sentencing).

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