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(영문) 수원지방법원 안산지원 2016.08.09 2016고단1574
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence 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 May 15, 2016, from around 19:5 to May 20:15, 2016, the Defendant obstructed the victim’s restaurant business by gathering the customer’s friendship and the restaurant office at the “E” restaurant operated by the victim D, located in Ansan-si, Seoul-gu, Seoul, for 20 minutes, from around 19:5 to May 20:15, 2016, and impeding the victim’s restaurant business by threatening the customer F.

2. On May 15, 2016, the Defendant: (a) around 20:15, at around 15, the place indicated in paragraph (1); (b) at the crime prevention patrol, the Defendant discovered the above situation during the crime prevention patrol; and (c) G, a medical police officer belonging to the Gyeonggi-do National Police Agency, who was able to return home to the Defendant, at one time the victim’s knee.

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention of crimes by auxiliary police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A written statement;

1. Application of Acts and subordinate statutes concerning details of emergency medical treatment;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The sentencing guidelines [Scope of the recommended punishment] are concurrent crimes with the crime of interference with the affairs for which the sentencing guidelines for which no sentencing guidelines exist, are set for the basic area (six months to one year and four months) of the type 1 (Interference with the performance of official duties and coercion of duties) (one year and four months) of the basic area (the person subject to special sentencing) and shall comply with the lower limit.

2. Determination of sentence: The sentence shall be determined in full view of all the conditions of sentencing as shown in the records, such as the defendant’s age, occupation, sex, environment, and circumstances before and after the instant crime.

The obstruction of the performance of official duties is a bad and the necessity of punishment is also high.

The victim agreed with the victim of interference with business and the victim police officer does not want to be punished.

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