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(영문) 의정부지방법원 2017.11.14 2017고단1866
업무방해등
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 13, 2017, the Defendant: (a) was under the influence of alcohol in the agricultural airspace located in the agricultural village located in the Dog-dong, Dog-dong, Dogyang-si, the Defendant: (b) was engaged in a fright-to-faced and fright-to-faced; (c) the passengers aboard the bus were fright-to-faced and fright-to-faced by using a large amount of sound; (d) the passengers aboard the bus fright-to-faced to the customers of the bus themselves who fright-to-faced with the Defendant’s resistance and avoided the disturbance; and (e) whether the passengers

He/she shall waive his/her clothes.

The phrase “abrely interfered with the bus operation of the victimized person by force by avoiding disturbance over about about 20 minutes.”

2. The Defendant interfered with the performance of official duties on the same day at the vicinity of the Geumyang-ro 915, Namyang-si, Namyang-si, Namyang-si, the Defendant: (a) performed a sudden bath in order to confirm the circumstances by which F was on board a bus while keeping the bus on board; and (b) performed a stop of F’s body at one time after getting off the bus and getting out of the bus.

As a result, the defendant interfered with legitimate execution of duties concerning the prevention of police officers' crimes.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Relevant legal provisions of the Criminal Act, Article 314(1) of the Criminal Act, Article 136(1) of the Criminal Act, and Article 136 of the Criminal Act, and the choice of imprisonment, respectively;

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. Determination of the Defendant’s mental disorder under Article 62(1) of the Criminal Act is based on various circumstances such as the background leading up to a crime acknowledged by the evidence duly adopted and investigated by the court, the means and method of the crime, and the Defendant’s behavior before and after the crime, etc., the Defendant has the ability or intent to discern things under the influence of alcohol at the time of the crime.

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