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(영문) 의정부지방법원고양지원 2020.11.06 2020고단1784
업무방해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. On March 4, 2020, around 22:30 on March 4, 2020, the Defendant was unable to avoid disturbance for about 20 minutes under the influence of alcohol, i.e., the victim C, working in Yongsan-gu B, U.S., U.S.A., with the sound “shall be taken off according to funeral,” and the Defendant was able to gather the chair.

Accordingly, the defendant interfered with the victim's business by force.

2. The Defendant, at the time and place specified in Paragraph 1, was removed by the police officer F belonging to the Jungdong Police Station E District Unit of the Jungdong Police Station, which was dispatched after having received a report of 112, in order to see the circumstances of the instant case by asking the Defendant, in his hand, balping the relevant F’s balth, and balping the shoulder part of the right shoulder.

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. Each police statement made to F and C;

1. On-site photographs, such as field photographs and screen pictures;

1. Application of the Acts and subordinate statutes of the videocad1 sheet, scam transmission sheet (Dong image CD1), scam transmission sheet (Dong image CD1, photograph 2);

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, such as probation orders and community service orders;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one to seven years;

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

(a) First Crimes (Determination of Punishment) (Obstruction of Performance of Official Duties). Obstruction of Official Duties (Type 1 / No person who has been forced to perform his/her duties) (the scope of recommendation area and recommendation area) basic area, six months to one year and six months;

(b) Class 2 crime (Interference with Business) [Decision of Sentencing] Interference with Business (Type 1] Obstruction (Special Sentencing) : Reduction element: Penalty not (including efforts to recover damage), reduction range (including the recommended field and recommendation range) reduction range, imprisonment with prison labor.

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