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(영문) 서울남부지방법원 2018.09.07 2018고단2969
업무방해등
Text

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

Reasons

Punishment of the crime

1. On March 30, 2018, the Defendant: (a) attempted suicide at his/her home; (b) was called to commit suicide; and (c) was sent to the emergency hospital of the victim D in Guro-gu Seoul; and (d) was sent to the emergency hospital of the victim D in Guro-gu by a police officer, who was dispatched after receiving a report from an employee under the name of the B

At around 02:00 on March 31, 2018, the Defendant, at the emergency room of the above hospital, received medical expenses from the security personnel E, took a bath, and obstructed the victim’s emergency room’s duties by force due to the force of 30 minutes by leaving the body of the security personnel.

2. The Defendant: (a) received a report at the time, time, and place specified in paragraph (1) and solicited the Defendant to return home from G in the process of the past region belonging to the police station in Guro-gu, where he was called to the Defendant, the Defendant: (b) took a bath to the said G, “I am out, fright off, and brut the clothes”; (c) took a attitude that it seems to be necessary for the Defendant to put him into mind and drink; and (d) assaulted the said G’s shoulder by hand.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the maintenance of public peace and order.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of the Acts and subordinate statutes of the police statement protocol to G;

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 official duties);

1. Selection of each sentence of imprisonment;

1. The reasons for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes have been subject to criminal punishment for a variety of crimes, and even though the defendant was sentenced to a fine by committing other crimes during the suspension period of the execution of imprisonment, he/she shall not be sentenced to a suspended sentence again during the same period of the suspension of the execution of imprisonment (the suspension of the execution of imprisonment shall not be

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