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(영문) 인천지방법원 2016.04.21 2016고단380
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment 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 14, 2015, from around 01:00 to around 01:20 of the same day, the Defendant obstructed the victim E’s main business by force by avoiding disturbance, such as: (a) the Defendant, from around 01:00 on December 14, 2015 to around 01:20 of the same day, 15 room in Seo-gu, Seo-gu, Incheon, in a manner of drinking together with C Entertainment D; (b) the Defendant, while drinking alcohol together with D; (c) the Defendant shouldered the instant World Cup; and (d) the Defendant, at the instant main toilets, expressed a large voice; and (d) the Defendant expressed a large voice in the instant main toilets.

2. The Defendant interfered with the performance of official duties, at the place indicated in paragraph 1 of around December 14, 2015, hereinafter referred to as “influence of customers.”

“The police officers belonging to the F District Unit of the Incheon Western Police Station who received the report of 112 and sent out, were forced to refrain from doing an act to her husband of the above main place of business from G in the process of police officers belonging to the F District Unit of the Incheon Western Police Station. On its own initiative, assaulted the above G’s face twice by hand, such as when the left side bucks of the above G are cut off.

Accordingly, the defendant interfered with legitimate execution of duties concerning the suppression of police officers' crimes.

Summary of Evidence

1. The defendant's legal statement G and each police statement in relation to E;

1. Application of Acts and subordinate statutes related to E’s written pictures;

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

1. Application of sentencing guidelines for the reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and orders to provide community service and attend lectures;

(a) Class 1 Crimes (Obstruction of Duties) (Obstruction of Recommendation) (Scope of Duties) and No. 1 Crimes (Obstruction of Duties) are basic areas (from 6 months to 1 year and 6 months) (a person with special sentencing).

B. The final sentence scope based on the aggravation of crimes No. 2 (Obstruction of Performance of Official Duties) [Scope of Recommendations] that are the basic area of Class 1 (Obstruction of Performance of Official Duties / Forced Performance of Duties) (6 months to one year] (Special Sentencing Person] (Special Sentencing Person]: June to February 2.

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