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(영문) 서울남부지방법원 2018.11.16 2018고단3757
업무방해등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, the execution of a sentence shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 7, 2018, the Defendant: (a) around 16:55, the victim D in Gangseo-gu Seoul Metropolitan Government (hereinafter “E”), was found to have known that it is difficult for the Defendant to find it difficult for the Defendant to have the husband in this telecom.

Whether there are several rooms or not

“I” and “Is this Chewing, Is the husband anywhere to cut off while I wanting her husband to find 5 hours in the elel parking lot.”

The victim avoided the disturbance, such as intending to take the victim by placing the large interest in the knife as a knife and knife into the knife, so that the victim may not be able to respond to the customer.

Accordingly, the defendant interfered with the victim's mother business by force.

2. The Defendant obstructed the performance of official duties at the time, time, and place specified in paragraph (1) at the scene after receiving 112 reports, and prevented the Defendant from entering the seat of the Seoul Gangseo Police Station F District, and assaulting the Defendant, such as the Defendant’s wheels to sell the left side of G with the hand-to-saw, and the Defendant’s wheels to wear the Defendant on the hand-to-be hand-be by arresting the Defendant at the present time and place specified in paragraph (1).

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

Summary of Evidence

1. The part corresponding to the defendant's legal statement

1. Written statements of D;

1. Each police statement made with respect to G and H;

1. Photographs of each violence victim;

1. Application of CD-related Acts and subordinate statutes

1. Article 314(1) of the Criminal Act applicable to the facts constituting an offense (the point of interference with business) and Article 136(1) of the Criminal Act (the point of interference with the performance of public duties);

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (limited to cases where a person interferes with the execution of each official duty);

1. Selection of each sentence of imprisonment;

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 provides that a person who suffers damage does not want to be punished by the defendant, in agreement with the victim who interferes with his/her duties, because the degree of violence by force is not very serious (the defendant is not subject to criminal punishment).

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