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(영문) 춘천지방법원 원주지원 2016.07.12 2016고단441
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On May 3, 2016, the Defendant, at around 19:53 on May 3, 2016, sent tobacco to the victim D, who is an employee of the Defendant, on credit, and francing the disturbance by gathering a calculating machine on the carter table at the same place, and francing the customers at a large interest.

Accordingly, the defendant interfered with the sale of food, etc. of the victim by force.

2. On May 3, 2016, the Defendant interfered with the performance of official duties, on the front day of the “C Mart” located in the C Mart-gun B of the Gangwon-do, the Defendant: (a) 112 reported and solicited the Defendant to return home; (b) the police officer belonging to the E Zone of the Crossing Police Station E District of the Crossing Police Station called up to the Defendant after receiving a report; (c) while taking a bath, the Defendant carried the Defendant’s her mother who used the said F to return home; and (d) pushed the said F’s neck.

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the prevention and investigation of police officers' crimes and the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or F;

1. 112 A list of reported cases;

1. Application of the Acts and subordinate statutes on CCTV storage CDs in and out of CCTV images, such as field photographs, to the closure of CCTV images, and to the following:

1. Relevant Article 314(1) 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) and the choice of imprisonment 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on the grounds of protection and observation and orders to provide community service and attend lectures;

1. Crimes No. 1 (Obstruction of Duties) (Scope of Recommendation) and No. 1 (Obstruction of Duties) are the basic area (6 months to 1 year and 6 months) (a person with no special sentencing seal).

2. Class 2 Crimes (Obstruction of Execution of Official Duties) / [Scope of Recommendation] Obstruction of Execution of Official Duties, the basic area (from June to one year and four months) / None of special sentencing factors (a person who is subject to special sentencing).

3. The scope of final sentence due to the aggravation of multiple offenses: six months from February to February 4.

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