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(영문) 수원지방법원 평택지원 2015.10.07 2015고단964
업무방해등
Text

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

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

Reasons

Punishment of the crime

1. On May 7, 2015, from around 01:55 to around 02:35 of the same day, the Defendant: (a) expressed the Defendant’s desire to “E” in the victim’s “E” business place in Pyeongtaek-si; (b) expressed to the said F the Defendant “F,” “F,” who is an employee, is engaging in sexual traffic at the said business place; and (c) reported 112; and (d) sent to the Defendant, who did not control the Defendant, the Defendant obstructed the victim’s business by force for 40 minutes, such as “this ringer, Chewing spawn, and spawn wn wn wn wn wn wn wn wn wn wn wn wn wn wn wn wn wn wn wn wn wn wn wn wn wn wn wn kkk wn wn kk.”

2. On May 7, 2015, from around 01:5 to around 02:55 on the same day, the Defendant assaulted the above I, such as: (a) the Defendant, who was frighting the above H and the above I; (b) fright the chest of the above H; (c) fright the chest of the said H; and (d) fright the front of the I (33 years old), who was a police officer belonging to the Pyeongtaek-gu Police Station G police box; and (c) fright the flabing the flab, and fright the flab, who was frighting to flab the flab; and (d) flading the flab.”

Accordingly, the Defendant interfered with the police officer's legitimate performance of duties concerning patrol 112.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to H and I;

1. Each statement of D and I;

1. Application of Acts and subordinate statutes to each investigation report (as to the confirmation of visual images at the site and CCTV);

1. Article 314 (1) of the Criminal Act and Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

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;

1. The reasons for sentencing Article 62-2 of the Criminal Code of the Social Service Order are the first crime (Obstruction of Performance of Official Duties) recommended.

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