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(영문) 수원지방법원 2017.07.19 2017고단2489
업무방해등
Text

Defendants shall be punished by imprisonment for six months.

However, it is against the Defendants for one year from the date the judgment became final and conclusive.

Reasons

Punishment of the crime

1. On March 16, 2017, from around 05:45 to around 08:15 on the same day, the Defendants, who interfered with their duties, franchising alcohol together from the victim F’s G management in Suwon-si, Suwon-si E, put in the wall the small branches, cupped cups, half scams, etc. while drinking alcohol in the wall. The Defendants, who continued to demand food value, caused a disturbance to the employees H by spiting a spit, etc. on the floor along with a serious bath, spits, etc. on the floor.

Accordingly, the Defendants jointly interfered with the victim's restaurant business by force.

2. The Defendants who interfered with the performance of official duties were to verify the facts of the victim’s damage after having received 112 reports at the time and place specified in the above paragraph (1) and after having confirmed the victim’s damage, the police officer J and the police officer of the Suwon Police Station I of the Suwon Police Station J and K used to arrest the victims as the current criminal under the suspicion described in the above paragraph (1), and the Defendant A “hhhhn interfered with his duties.”

“I knish the left retail of the K’s work clothes, knish the knife, knife the knife the left retail, knife the left part knife once a drinking, and Defendant B knife the knife’s title behind K who is arrested by the above A.

Accordingly, the Defendants jointly interfered with the handling of the 112 reported case and the execution of duties concerning the arrest of a flagrant offender.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement prepared by the J, K, and H;

1. Each written statement of L or M;

1. The application of each CD-1 statute to request the provision of a list of images by cutting down the damaged photograph, on-site photograph, and screen images, 112 reported case, and one CD-1 document;

1. Relevant provisions of the Criminal Act and Articles 314(1), 30 (Interference with Duties) of the Criminal Act concerning facts constituting an offense, and Articles 136(1) and 30 (Interference with Duties) of the Criminal Act concerning the choice of punishment;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act for the increase of concurrent crimes;

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

1. Scope of the recommended sentences according to the sentencing criteria;

(a) Class 1 Crimes (Interference with the Execution of Official Duties).

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