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(영문) 서울남부지방법원 2018.02.06 2017고단6546
업무방해등
Text

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

However, the execution of a 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 December 22, 2017, around 22:35, the Defendant obstructed the victim’s restaurant business by exercising approximately 15 minutes of influence, such as 15 minutes of daily power, i.e., the victim C (V, 52 years of age) who was in Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter “AV”) under the influence of alcohol and drinking to other customers, and threatening customers.

2. On December 2, 2017, at the F District District located in Yeongdeungpo-gu Seoul Metropolitan Government around December 2, 2017, the Defendant was arrested as a current offender for the crime of interference with the duties set forth in paragraph 1 at the F District Group located in Yeongdeungpo-gu, Seoul. After explaining the procedure to the Defendant, and asking the Defendant for confirmation matters, the F District Gyeong-gu G Gyeong explained the Defendant, and asked him/her about the procedure, and provided him/her with “shot shots, internal death,” and at the same time he/she expressed his/her face one time at the right drinking.

As a result, the defendant interfered with the legitimate execution of duties of police officers with the arrest of flagrant offenders and the handling of cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. C’s statement;

1. The F District Service, and photographs at the time of arrest;

1. Application of CCTV CD-related statutes;

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

1. Selection of imprisonment with prison labor chosen;

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. Scope of the recommended sentence;

(a) Category 1 (Interference with the Execution of Official Duties) (Interference with the Execution of Official Duties) is the basic area (six months to one year and six months), and there is no special sentencing factor:

(b) Persons who have been specially mitigated in the mitigated area (one month to eight months) for Class 1 (Interference with Duties) (including serious efforts to recover damage) (one month and eight months): Non-members of punishment (including serious efforts to recover damage);

(c) The scope of final sentence due to the aggravation of multiple offenses: Six months to one year;

2. To refrain from drinking after the decision of sentence is made to the accused; and

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