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(영문) 인천지방법원 2020.02.12 2019고단8551
업무방해등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 13, 2019, the Defendant: (a) demanded the victim C’s operation in Bupyeong-gu Incheon, Bupyeong-gu, Incheon; (b) however, it was difficult to avoid disturbance for about 30 minutes, such as: (c) the victim refused to see that she was a fright; (d) the victim was a fright; and (e) whether she was a fright to perform his/her duties in this fright; and (e) whether she was a fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright; and

Accordingly, the Defendant interfered with the principal operation of the victim by force.

2. On October 13, 2019, the Defendant: (a) within the F District of the Incheon Bupyeong-gu Incheon Bupyeong-gu Incheon Bupyeong-gu Police Station F District; (b) the Defendant was arrested as a flagrant offender by a slope G, etc. affiliated with the said district, who was dispatched after receiving 112 report that “a person who was abnormal in the place of business is suffering from his/her business,” and assaulted C for the reason stated in paragraph (1).

The Defendant, at least 48 years of age, tried to fix the Defendant’s lock on the top of the seat installed at the seat of the said earth, and, at the same time, tried to use the Defendant’s lock on the top of the earth, she was found to have been able to move back to the earth, she was found to have been able to do so, she was found to have been able to do so, and she was assaulted twice by putting the back part of H’s back on his hand.

As a result, the Defendant interfered with legitimate execution of duties concerning the protection of the lives, bodies and property of the police officers, and prevention, suppression and investigation of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement of H;

1. Application of C’s written laws and regulations

1. Relevant Article 314 (1) of the Criminal Act and Article 314 (1) of the Criminal Act (Interference with Business, Selection of Imprisonment), and Article 136 (1) of the Criminal Act (the point of obstruction of performance of official duties and the choice of imprisonment);

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Sentencing criteria;

A. First Crimes (Obstruction of Performance of Official Duties) (Determination of Punishment).

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