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(영문) 인천지방법원 2018.03.22 2018고단606
업무방해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence 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 January 7, 2018, the Defendant interfered with his/her duties: (a) around 21:20, at the instant singing shop operated by the victim D located in Bupyeong-gu Incheon, Bupyeong-gu, Incheon; (b) the Defendant: (c) the victim d's multiple alcohol disease; and (d) the Defendant d'

“Along with the view of the victim, the victim took a bath, boomed the beer and beer with the beer of the beer and the beer of the beer and the beer of the beer on the beer, and interfered with the victim’s main business by force for about 30 minutes by avoiding disturbance.

2. The Defendant, at the date and time, at the place as described in paragraph 1 and at the place, received a report of 112, was subject to the disturbance as described in paragraph 1 from the victim G, who was dispatched to the F District, as well as the disturbance as described in paragraph 1. Whether the Defendant, while there was a principal proprietor and another customer, “the victim is suffering from the dys why the flae fe is being raised;

좆같은 새끼가 아들뻘도 되지 않는 놈이 왜 여기서 지랄이냐,

씹새끼들 아 내가 가만 두지 않을 테니 두고 봐라 십쌔끼야 ”라고 큰소리로 말하여 공연히 피해자를 모욕하였다.

3. On January 7, 2018, the Defendant: (a) arrested a flagrant offender at the places indicated in paragraph (1) around 22:00, with the suspicion of interference with the performance of official duties; and (b) assaulted a police officer Gman’s chest to walk on three occasions at the lower seat of the patrol vehicle.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers related to suppression of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Written statements of D;

1. A report on investigation (a witness H telephone call);

1. A certified video CD;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant legal provisions of the Criminal Act, Article 314(1) of the Criminal Act (the point of interference with business), Article 136(1) of the Criminal Act (the point of interference with the performance of public duties), Article 311 of the Criminal Act (the point of insult) of the Criminal Act, and the choice of imprisonment with prison labor for each crime;

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. Reasons for sentencing under Article 62(1) of the Criminal Act (including the following sentencing, etc. in consideration of the following sentencing)

1. Category 1 (Obstruction of Execution of Official Duties) (Scope of Recommendation) shall interfere with the performance of official duties. (Obstruction of Execution of Official Duties.)

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