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(영문) 서울중앙지방법원 2017.12.22 2017고단6751
업무방해등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. From around 02:50 on July 28, 2017 to 03:00 on the same day, the Defendant obstructed the victim’s maternity business by force by force, such as: (a) assaulting the victim’s chest when she was satisfing the victim’s chest by drinking together several times; (b) assaulting the victim’s chest when she was satisfing the victim’s chest; and (c) avoiding the disturbance for about 10 minutes; and (d) obstructing the victim’s maternity business by force.

2. On July 28, 2017, the Defendant interfered with the performance of official duties, around 03:00, took a bath to E, a police officer’s legitimate performance of official duties in relation to the prevention, suppression, and investigation of crimes by taking one time into account the top of the off frame of the above E, a police officer called out after receiving a report.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. C’s statement;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling List;

1. Article 314(1) of the Criminal Act in relation to the facts constituting an offense (the point of interference with business), Article 136(1) of the Criminal Act (the point of interference with the performance of official duties) and Article 260(1) of the Criminal Act (the point of violence);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Joint Crimes of Interference with Business Affairs and Violence);

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. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the suspended sentence of the Criminal Act: The crime of this case is not good in light of the circumstance, method, etc. of the crime committed by the defendant against a police officer who is performing official duties without any reason and interference with his duties; circumstances favorable to the agreement: the crime of this case reflects the wrong while being committed; the crime of this case appears to have been committed contingently; there is no criminal record exceeding the fine; the above circumstances and circumstances leading up to the crime of this case; the background leading up to the crime of this case; the degree and result of damage; circumstances after the crime; and other circumstances after the crime of this case.

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