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(영문) 의정부지방법원 2019.08.22 2019고단1612
업무방해등
Text

A defendant shall be punished by imprisonment with prison labor for up to 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 April 4, 2019, from around 22:10 to 22:30, the Defendant obstructed the victim’s restaurant business by force by force, such as: (a) within the “D” restaurant for the operation of the victim C, which is located in Namyang-si B; (b) in receipt of the victim’s request for delivery that the business was terminated; and (c) the b) the b) the c) the c) the c) the c) the c) the c) the c) the c) the

2. On April 4, 2019, the Defendant assaulted the Defendant at the place indicated in paragraph (1), on April 22 and 37, 2019, and on 1112 reported and dispatched, F police officers affiliated with the Namyang Police Station Escpis to check the content of the instant case by using f’s breath with the left hand.

Accordingly, the defendant interfered with the legitimate performance of official duties concerning the handling of 112 reported cases by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A written statement prepared in C;

1. Each investigation report (Submission of a statement of opinion by the same police officer, ctv video analysis);

1. Application of the Acts and subordinate statutes governing CCTV images and video CDs;

1. Relevant Article 314(1) of the Criminal Act, Article 136(1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

1. former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act among concurrent crimes (Aggravation of concurrent crimes as provided for in the crime of interference with business heavier than the hostage)

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Scope of applicable sentences under law: Imprisonment with prison labor for up to seven years and six months;

2. Scope of recommended sentences according to the sentencing criteria;

(a) The crime of interference with business [decision of type] There is no interference with business (the person who is specially punished) (the scope of recommending punishment] (the scope of recommending punishment), six months to one year and six months (the mitigated area)

B. Crimes of obstruction of the performance of official duties [Determination of Punishment] There is no person who has been forced to perform official duties (Type 1) (the scope of recommending punishment] (the scope of recommending punishment), six months to one year and six months (basic area).

(c) Application of standards for handling multiple crimes:

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