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(영문) 창원지방법원 2018.11.30 2018고단2604
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On July 23, 2018, at around 02:30, the Defendant: (a) expressed the victim D’s main points on the second floor of the building in Kimhae-si, Kimhae-si; (b) expressed the victim’s desire to “I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am.

Accordingly, the Defendant interfered with the victim's main business by force.

2. On July 23, 2018, the Defendant: (a) 1st floor of the same building as indicated in paragraph (1) around 02:47; (b) 112 reported that the Defendant avoided disturbance; and (c) spited G spiting off the border belonging to the F District of the Kim Sea Department of the Kim Jung-gu, the Defendant called “Ne Haf Haf Haf Haf Haf Haf Haf Haf Haf Haf Hafen” and frind G with the face of G.

As a result, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D and G;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Articles 314 (1) and 136 (1) of the Criminal Act concerning the selection of punishment, and imprisonment with prison labor;

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 on the suspended execution;

1. An order to attend a lecture and an order to attend a community service order under Article 62-2(1) of the Criminal Act, who is subject to special sentencing guidelines from August to June 1 to April 1: Ad hoc sentencing factors (from June to June) in the basic area: Ad hoc sentence: imprisonment with prison labor for one year: 6/ suspended sentence for 2 years, 40 hours attending a lecture, and 120 hours for community service: Non-reparing damage (excluding employees E of the crime of subparagraph 1 in the judgment that expressed the intention not to punish, but the cumulative previous conviction for obstructing the performance of public service (one suspended sentence of imprisonment with prison labor for one time) and accumulated previous conviction for obstructing the performance of public service (one suspended sentence of imprisonment with prison labor for one time).

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