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(영문) 춘천지방법원 2014.06.12 2014고단324
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date of the final judgment.

Reasons

Punishment of the crime

1. On March 24, 2014, around 07:30 on March 24, 2014, the Defendant interfered with his/her duties: (a) was saved with “D” stores located on the Seocho-gu Seoul Seocho-gu Seoul Metropolitan Government 1st floor; (b) was saved on the table table for about one hour; (c) without permission in the above store office; (d) was saber, which was not ordered to be installed; and (e) was sound to the employees.

In order to prevent this, the victim E, who is the manager of the above store, has interfered with the victim's store management work by allowing approximately 30 minutes of the victim to return to the customers waiting for the order and the customers waiting for the order, such as selling selling, etc.

2. At around 09:05 on the same day, the Defendant: (a) was urged to return home from the victim G (the age of 30) (a police box belonging to the Seoul Western Police Station, which was dispatched after receiving the report of the above E-112; (b) was flicked to the victim; (c) was flicked to the victim; (d) was flicked to the victim; and (e) was flicked twice the victim’s chest part was shicked.

Accordingly, the defendant interfered with legitimate execution of duties concerning crime prevention and investigation of the victim who is a police officer.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of E and G;

1. Application of Acts and subordinate statutes to written E;

1. Relevant Article 136 (1) of the Criminal Act and Article 314 (1) of the Criminal Act concerning the crime;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. On October 25, 201, the defendant with reasons for sentencing under Article 62-2 of the Criminal Act for probation and community service order was sentenced to six months of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (joint injury) at the Chuncheon District Court on October 25, 201 and two years of suspended execution, and the judgment becomes final and conclusive on November 2, 201.

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