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(영문) 서울북부지방법원 2015.01.30 2014고단4425
업무방해등
Text

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

Reasons

Punishment of the crime

On November 6, 2014, the Defendant of criminal records was sentenced to two years of imprisonment with prison labor for obstruction of performance of official duties by the Seoul Central District Court on August 6, 201, and the judgment became final and conclusive on November 14, 2014, and is still under probation.

Criminal facts

1. On December 5, 2014, from around 21:30 to 22:00 of the same day, the Defendant interfered with business, within the “E restaurant operated by the victim D (year 51) located in Seongbuk-gu Seoul, Seongbuk-gu, Seoul, the Defendant: (a) ordered food to stop entering the said restaurant by having the customers, who had the food boomd in the immediately following table without any reason, and flading the sound.

Accordingly, the defendant interfered with the victim's restaurant business by force.

2. The Defendant: (a) sent to the scene after receiving 112 reports that “the principal offender shall be free from disturbance; and (b) expressed an desire to see the circumstances of the instant case from D; and (c) expressed that “the Defendant will not be free from sprinke, sprinke; . . . 43 years of age”; and (d) attacked the face of the said G by taking a new attack.”

Accordingly, the defendant interfered with the legitimate execution of duties by police officers concerning 112 reported duties.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. Written statements of D;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

1. Articles 136 (1) and 314 (1) of the Criminal Act applicable to the relevant criminal facts;

1. It is so decided as per Disposition for the reasons under the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act among concurrent crimes;

Although the defendant's reason for sentencing is divided into his mistake, the sentence of imprisonment like the order shall be imposed in consideration of the content of the crime, the fact that each of the crimes of this case was committed during the suspension of execution due to the same kind of crime, and the record of the same kind of crime is added.

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