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(영문) 서울북부지방법원 2014.10.02 2014고단2165
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

except that 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 June 5, 2014, at around 20:00, the Defendant interfered with business, at the “E” drinking house operated by the victim D in Gangnam-gu Seoul, Gangnam-gu, Seoul, the Defendant: (a) expressed her drinking to customers at the place; (b) was refused; (c) went to the customer, without the victim’s permission; (d) went to the main room; and (e) took the victim’s speech out of the place; and (e) interfered with the victim’s drinking business by force.

2. At around 21:20 on June 5, 2014, the Defendant: (a) obstructed the performance of official duties, as described in paragraph (1) at the above “E,” and she saw that he would not take a bath from G, and returned home to the police officer of the Seoul Gangseo-gu Police Station F District G, Seoul, which was called upon upon 112 report; (b) “I will do so as to see whether I will take the police officer or not, she will do so, she spaw off the chest of the above police officer on one occasion by hand; and (c) plucking the left hand; and (d) “Is the police officer or Ispatha, Is, Ispath, Is, I am.”

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Written statements prepared in D;

1. Application of Acts and subordinate statutes to each investigation report (to make a report on telephone investigation, damage photographs, the upper state of victims, investigation into and reporting on whether to inflict any injury, and listening to telephone conversations with D);

1. Articles 314 (1) and 136 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The sentencing of Article 62(1) of the Criminal Act on the grounds of suspended sentence shall be determined as ordered in consideration of all the elements of sentencing, including the background and form of the instant crime, the circumstances after the instant crime, the age, character and conduct, the environment of the Defendant, and criminal records (no more than once a fine is imposed in 1978).

It is so decided as per Disposition for the above reasons.

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